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Book „ -A fcS- - 



CONSTITUTION 



OF THE 



State of Arkansas 



ADOPTED IN CONVENTION SEPTEMBER 7, 1874 



PREAMBLE 

We, the people of the Sta' -j of Arkansas, grateful to Almighty 
God for the privilege of choosing our own form of government, for 
our civil and religious liberty, and desiting to perpetuate its bless- 
ings and secure the same to ourselves and posterity, do ordain and 
establish this Constitution. 

ARTICLE I. 

BOUNDARIES. 

We do declare and establish, ratify and confirm, the following 
as the permanent boundaries of the State of Arkansas, that is to 
say: Beginning at the middle of the main channel of the Missis- 
sippi Eiver, on the parallel of thirty-six degrees of north latitude, 
running thence west with said parallel of latitude to the middle of 
the main channel of the St, Francis 'Eiver; thence up the main 
channel of said last named river to the parallel of thirty-six de- 
grees, thirty minutes of north latitude; thence west with the 
southern boundary line of the State of Missouri to the southwest 
corner of said last named State; thence to be bounded on the 
west to the north bank of Red River, as by act of Congress and 
treaties existing January 1, 1837, defining the western linuts of 
the Territory of Arkansas and to be bounded across and south 
of Red River by the boundary line of the State of Texas as far as 
to the northwest corner of the State of Louisiana; thence easterly 
with the northern boundary line of said last named State to the 
middle of the main channel of the Mississippi River; thence up 






18 Biennial Seport of Secretary of State. I C t 4^ 

/\ I $^* 

the middle of the main channel of said last named river, including 
an island in said river knovm as ''Belle Point Island," and all. 
other land originally surveyed and included as a part of the Territory 
or State of Arkansas, to the thirty-sixth degree of north latitude, the 
place of beginning. 



SEAT OF GOVERNMENT. 



The seat of government of the State of Arkansas shall be and 
remain at Little Eock, where it is now established. 



AETICLE II. 

DECLARATION OF RIGHTS. 

Section 1. All political power is inherent in the people, and 
government is instituted for their protection, security and benefit; and 
they have the right to alter, reform or abolish the same in such manner 
as they may think proper. 

Sec. 2. All men are created equally free and independent, and 
have certain inherent and inalienable rights, amongst which are those 
of enjoying and defending life and liberty; of acquiring, possessing 
and protecting property and reputation, and of pursuing their own 
happiness. To secure these rights governments are instituted among 
men, deriving just powers from the consent of the governed. 

Sec. 3. The equality of all persons before the law is recognized, 
and shaU ever remain inviolate; nor shall any citizen ever be deprived 
of any right, privilege or immunity, nor exempted from any burden or 
duty, on account of race, color or previous condition. 

Sec. 4. The right of the people peaceably to assemble to con- 
sult for the common good, and to petition, by address or remonstrance, 
the government, or any department thereof, shaU never be abridged. 

Sec. 5. The citizens of this State shall have the right to keep and 
bear arms for their common defense. 

Sec. 6. The liberty of the press shaU forever remain inviolate. 
The free communication of thoughts and opinions is one of the in- 
valuable rights of man; and all persons may freely vprite and publish 
their sentiments on all subjects, being responsible for the abuse of 
such rights. In all criminal prosecutions for libel the truth may be 
given in evidence to the jury; and, if it shall appear to the jury that 
the matter charged as libelous is true, and was published vrith good 
motives and for justifiable ends, the party charged shall be acquitted. 

Sec. 7. The right of trial by jury shall remain inviolate, and 
shall extend to all cases at law, without regard to the amount in contro- 
versy; but a jury trial may be waived by the parties in all cases in the 
manner prescribed by law. 

Sec. 8. No person shall be held to answer a criminal charge unless 
on the presentment or indictment of a grand jury, except in cases of 
impeachment or cases such as the General Assembly shall make cognizable 



Biennial Beport of Secretary of State. 19 

by justices of the peace, and courts of similar jurisdiction; or cases 
arising in the army and navy of the United States; or in the militia 
when in actual service in time of war or public danger; and no person 
for the same offense, shall be twice put in jeopardy of life or liberty; 
but if, in any criminal prosecution, the jury be divided in opinion, the 
court before which the trial shall be had may, in its discretion, discharge 
the jury, and commit or bail the accused for trial at the same or the 
next term of said court; nor shall any person be compelled, in any 
criminal case, to be a witness against himself; nor be deprived of life, 
liberty or property, without due process of law. All persons shall, be- 
fore conviction, be bailable by * sufficient sureties, except for capital 
offenses, when the proof is evident or the presumption great. 

Sec. 9. Excessive bail shall not be required, nor shall excessive 
fines be imposed; nor shall cruel or unusual punishment be inflicted; 
nor witnesses be unreasonably detained. 

Sec. 10. In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial by an impartial jury of the county 
in which the crime shall have been committed; provided that the venue 
may be changed to any other county of the judicial district in which the 
indictment is found, upon the application of the accused, in such a man- 
ner as now is, or may be, prescribed by law; and to be informed of the 
nature and cause of the accusation against him, and to have a copy 
thereof; and to be confronted with the witnesses against him; to have 
compulsory process for obtaining witnesses in his favor, and to be 
heard by himself and his council. 

Sec. 11. The privilege of the writ of habeas corpus shall not be 
suspended, except by the General Assembly, in case of rebellion, insurrec- 
tion or invasion, when the public safety may require it. 

Sec. 12. No power of suspending or setting aside the law or laws 
of the State shall ever be exercised except by the General Assembly. 

Sec. 13. Every person is entitled to a certain remedy in the laws 
for all injuries or wrongs he may receive in his person, property or 
character; he ought to obtain justice freely, and without purchase, 
completely, and without denial, promptly and without delay, conformably 
to the laws. 

Sec. 14. Treason against the State shall only consist in levying 
and making war against the same, or in adhering to its enemies, giving 
them aid and comfort. No person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt act, or on confession 
in open court. 

See. 15. The right of the people of this State to be secure in their 
persons, houses, papers and effects against unreasonable searches and 
seizures shall not be violated, and no warrant shall issue except upon 
probable cause, supported by oath or affirmation, and particularly de- 
scribing the place to be searched and the person or thing to be seized. 

Sec. 16. No person shall be imprisoned for debt in any civil action, 
or mesne or final process, unless in cases of fraud. 



20 Biennial Beport of Secretary of ^tate. 

Sec. 17. No bill of attainder, ex post facto law, or law impairing 
the obligation of contracts shall ever be passed; and no conviction shall 
work corruption of blood or forfeiture of estate. 

Sec. 18. The General Assembly shall not grant to any citizen or 
class of citizens privileges or immunities which upon the same terms 
shall not equally belong to all citizens. 

Sec. 19. Perpetuities and monopolies are contrary to the genius of 
a republic, and shall not be allowed ; nor shall any hereditary emoluments, 
privileges or honors ever be granted or conferred in this State. 

See. 20. No distinction shall ever be made by law between resident 
aliens and citizens in regard to the possession, enjoyment or descent of 
property. 

Sec. 21. No person shall be taken or imprisoned, or disseized of 
his estate, freehold, liberties or privileges; or outlawed, or in any manner 
destroyed or deprived of his life, liberty or property; except by the 
judgment of his peers or the law of the land; nor shall any person, 
under any circumstances, be exiled from the State. 

Sec. 22. The right of property is before and higher than any con- 
stitutional sanction; and private property shall not be taken, appro- 
priated or damaged for public use, without just compensation therefor. 

Sec. 23. The State's ancient right of eminent domain and of 
taxation is herein fully and expressly conceded; and the General Assembly 
may delegate the taxing power, with the necessary restriction, to the 
State's subordinate political and municipal corporations to the extent 
of providing for their existence, maintenance and well being, but no 
further. 

Sec. 24. All men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own consciences; no 
man can, of right, be compelled to attend, erect or support any place 
of worship ; or to maintain any ministry against his consent. No human 
authority can, in any case or manner whatsoever, control or interfere 
with the right of conscience; and no preference shall ever be given, by 
law, to any religious establishment, denomination or mode of worship 
above any other. 

Sec. 25. Eeligion, morality and knowledge being essential to good 
government, the General Assembly shall enact suitable laws to protect 
every religious denomination in the peaceable enjoyment of its own 
mode of public worship. 

Sec. 26. No religious test shall ever be required of any person as 
a qualification to vote or hold office, nor shall any person be rendered 
incompetent to be a witness on account of his religious belief; but 
nothing herein shall be construed to dispense with oaths or affirmations. 

Sec. 27. There shall be no slavery in this State, nor involuntary 
servitude, except as a punishment for crime. No standing army shall 
be kept in time of peace; the military shall at all times be in strict 
subordination to the civil power; and no soldier shall be quartered in 



Biennial Beport of Secretary of State. 21 

any house, or on any premises, without the consent of the owner, in time 
of peace ; nor in time of war, except in a manner prescribed by law. 

Sec. 28. All lands in this State are declared to be allodial; and 
feudal tenures of every description, with all their incidents', are pro- 
hibited. 

Sec. 29. This enumeration of rights shall not be construed to 
deny or disparage others retained by the people; and to guard against 
any encroachments on the rights herein retained, or any transgression 
of any of the higher powers herein delegated, we declare that everything 
in this article is excepted out of* the general powers of the government, 
and shall forever remain inviolate; and that all laws contrary thereto, 
or to the other provisions herein contained shall be void. 

ARTICLE III. 

FRANCHISE AND ELECTIONS. 

Section 1. Every male citizen of the United States, or male person 
who has declared his intention of becoming a citizen of the same, of the 
age of twenty-one years, who has resided in the State twelve months, and 
in the county six months, and in the voting precinct or ward one 
month, next preceding any election, where he may propose to vote, shall 
be entitled to vote at all elections by the people. 

Sec. 2. Elections shall be free and equal. No power, civil or 
military, shall ever interfere to prevent the free exercise of the right 
of suffrage; nor shall any law be enacted whereby the right to vote 
at any election shall be made to depend upon any previous registration 
of the elector's name; or whereby such right shall be impaired or 
forfeited, except for the commission of a felony at common law, upon 
lawful conviction thereof. 

Sec. 3. All elections by the people shall be by ballot. Every 
ballot shall be numbered in the order in which it shall be received, and 
the number recorded by the election officers on the list of voters opposite 
the name of the elector who presents the ballot. The election of&cer 
shall be sworn or affirmed not to disclose how any elector shall have 
voted, unless required to do so as witnesses in a judicial proceeding, 
or a proceeding to' contest an election. 

Sec. 4. Electors shall, in all cases (except treason, felony and 
breach of the peace), be privileged from arrest during their attendance 
at elections and going to and from the same. 

Sec, 5. No idiot or insane person shall be entitled to the privileges 
of an elector. 

Sec. 6. Any person who shall be convicted of fraud, bribery or 
other wilful and corrupt violation of any election law of this State shall 
be adjudged guilty of a felony, and disqualified from holding any office 
of trust or profit in this State. 



22 Biennial Eeport of Secretary of State. 

Sec. 7. No soldier, sailor or marine in the military or naval service 
of the United States shall acquire a residence by reason of being 
stationed on duty in this State. 

Sec. 8. The. general elections shall be held biennially, on the first 
Monday of September j but the General Assembly may by law fix a 
different time. 

Sec. 9. In trials of contested elections and in proceedings for the 
investigation of elections no person shall be permitted to withhold his 
testimony on the ground that it may criminate himself or subject him 
to public infamy; but such testimony shall not be used against him in 
any judicial proceeding, except for perjury in giving such testimony. 

Sec. 10. No person shall be qualified to serve as an election of&cer 
who shall hold at the time of the election any office, appointment or 
employment in or under the government of the United States or of this 
State, or in any city or county, or any municipal board, commission or 
trust in any city, save only the justices of the peace and aldermen, 
notaries public and persons in the militia service of the State. Nor 
shall any election officer be eligable to any civil office to be filled at 
an election at which he shall serve — save only to such subordinate 
municipal or local offices, below the grade of city or county officers, 
as shall be designated by general law. 

Sec. 11. If the officers of any election shall unlawfully refuse or 
fail to receive, count or return the vote or ballot of any qualified elector, 
such vote or ballot shall nevertheless be counted upon the trial of any 
contest arising out of said election. 

Sec. 12. All elections by persons acting in a representative capacity 
shall be viva voce. 

ARTICLE IV. 

DEPARTMENTS. 

Section 1. The powers of the government of the State of Arkansas 
shall be divided into three distinct departments, each of them to be 
confided to a separate body of magistracy, to-wit : Those which are 
legislative to one, those which are executive to another, and those which 
are judicial to another. 

Sec. 2. No person or collection of persons, being of one of these 
departments, shall exercise any power belonging to either of the others, 
except in the instances hereinafter expressly directed or permitted. 

ARTICLE V. 

LEGISLATIVE. 

Section 1. 1?he legislative power of this State shall be vested in a 
General Assembly, which shall consist of the Senate and House of 
Representatives. 



Biennial Beport of Secretary of State. 23 

Sec. 2. The House of Representatives shall consist of members to 
be chosen every second year by the qualified electors of the several 
counties. 

Sec. 3, The Senate shall consist of members to be chosen every four 
years by the qualified electors of the several districts. At the fijst 
session of the Senate the senators shall divide themselves into two classes 
by lot, and the first class shall hold their places for two years only, after 
which all shall be elected for four years. 

Sec. 4. No person shall be a« senator or representative who, at the 
time of his election, is not a citizen of the United States, nor any one 
who has not been for two years next preceding his election a resident of 
this State, and for one year next preceding his election a resident of the 
county or district whence he may be chosen. Senators shall be at 
least twenty-five years of age and representatives at least twenty-one 
years of age. 

Sec. 5. The General Assembly shall meet at the seat of government 
every two years on the first Tuesday after the second Monday in November 
until said time be altered by law. 

Sec. 6. The Governor shall issue writs of election to fill such 
vacancies as shall occur in either house of the General Assembly. 

Sec. 7. No judge of the supreme, circuit or inferior courts of law 
or equity. Secretary of State, Attorney General for the State, Auditor 
or Treasurer, recorder, clerk of any court of record, sheriff, coroner, 
member of Congress, nor any other person holding any lucrative office 
under the United States or this State (militia officers, justices of the 
peace, postmasters, officers of public schools and notaries excepted), shall 
be eligible to a seat in either house of the General Assembly. 

Sec. 8. No person who now is or shall be hereafter a collector or 
holder of public money, nor any assistant or deputy of such holder or 
collector of public money, shall be eligible to a seat in either house of 
the General Assembly, nor to any office of trust or profit, until he shall 
have accounted for and paid over all sums for which he may have been 
liable. 

Sec. 9. No person hereafter convicted of embezzlement of public 
money, bribery, forgery or other infamous crime shall be eligible to the 
General Assembly or capable of holding any office of trust or profit in 
this State. 

Sec. 10. No Senator or Representative shall, during the term for 
which he shall have been elected, be appointed or elected to any civil 
office under this State. 

Sec. 11. Each house shall appoint its own officers, and shall be 
sole judge of the qualifications, returns and elections of its own members. 
A majority of all the members elected to each house shall constitute a 
quorum to do business; but a smaller number may adjourn from day to 
day, and compel the attendance of absent members in such manner and 
under stich penalties as each house shall provide. 



24 > Biennial Eeport of Secretary of State. 

Sec. 12. Each house shall have the power to determine the rules 
of its proceedings; and punish its members or other persons for con- 
tempt or disorderly behaviour in its presence; enforce obedience to its 
process; to protect its members against violence or offers of bribes or 
private solicitations; and, with the concurrence of two-thirds, expel a 
member, but not a second time for the same cause. A member expelled 
for corruption shall not thereafter be eligible to either house; and 
punishment for contempt or disorderly behavior shall not bar an indict- 
ment for the same offense. Each house shall keep a journal of its pro- 
ceedings and from time to time publish the same, except such parts 
as require secrecy; and the yeas and nays on any question shall, at the 
desire of any five members, be entered on the journals. 

Sec. 13. The sessions of each house and of committees of the 
whole shall be open, unless when the business is such as ought to be 
kept secret. 

Sec. 14. Whenever an officer, civil or military, shall be appointed 
by the joint or concurrent vote of both houses, or by the separate vote 
of either house of the General Assembly, the vote shall be taken viva 
voce and entered on the journals. 

Sec. 15. The members of the General Assembly shall, in all cases 
except treason, felony and breach or surety of the peace, be privileged 
from arrest during their attendance at the sessions of their respective 
houses, and in going to and returning from the same ; and for any speech 
or debate in either house they shall not be questioned in any other place. 

Sec. 16. The members of the General Assembly shall receive such 
per diem pay and mileage for their services as shall be fixed by law. No 
member of either house shall, during the term for which he has been 
elected, receive any increase of pay for his services under any law 
passed during such term. The term of all members of the General 
Assembly shall begin on the day of their election. 

Sec. 17. The regular biennial sessions shall not exceed sixty days 
in duration, unless by a vote of two-tMrds of the members elected to 
each house of said General Assembly. Provided, that this section shall 
not apply to the first session of the General Assembly under this Con- 
stitution, or when impeachments are pending. 

Sec. 18. Each house, at the beginning of every regular session of 
the General Assembly, and whenever a vacancy may occur, shall elect 
from its members a presiding officer to be styled, respectively, the Presi- 
dent of the Senate and the Speaker of the House of Eepresentatives ; and 
whenever, at the close of any session, it may appear that the term of the 
member elected President of the Senate will expire before the next 
regular session, the Senate shall elect another president from those mem- 
bers whose terms of office continue over, who shall qualify and remain 
President of the Senate until his successor may be elected and qualified; 
and who, in the case of a vacancy in the office of Governor, shall 
perform the duties and exercise the powers of Governor, as elsewhere 
herein provided. 



Biennial Beport of Secretary of State. 25 

See. 19. The style of the laws of the State of Arkansas shall be: 
* * Be it enacted by the General Assembly of the State of Arkansas. ' ' 

Sec. 20. The State of Arkansas' shall never be made defendant in 
any of her courts. 

Sec. 21. No law shall be passed except by bill, and no bill shall be 
so altered or amended on its passage through either house as to change 
its original purpose. 

Sec. 22. Every bill shall be read at length on three different days 
in each house, unless the rules be suspended by two-thirds of the house, 
when the same may be read a second or third time on the same day; and 
no bill shall become a law unless on its final passage the vote be taken by 
yeas and nays, the names of the persons voting for and against the same 
be entered on the journal, and a majority of each house be recorded 
thereon as voting in its favor. 

Sec. 23, No law shall be revived, amended, or the provisions thereof 
extended or conferred by reference to its title only; but so much thereof 
as is revived, amended, extended or conferred shall be re-enacted and 
published at length. 

Sec. 24. The General Assembly shall not pass any local or special 
law changing the venue in criminal cases; changing the names of persons 
or adopting or legitimating children; granting divorces; vacating roads, 
streets or alleys. 

Sec. 25. In all cases where a general law can be made applicable 
no special law shall be enacted; nor shall the operation of any general 
law be suspended by the legislature for the benefit of any particular 
individual, corporation or association; nor where the courts have juris- 
diction to grant the powers or the privileges or the relief asked for. 

Sec. 26. No local or special bill shall be passed, unless notice of 
the intention to apply therefor shall have been published in the locality 
where the matter or the thing to be affected may be situated, which 
notice shall be at least thirty days prior to the introduction into the 
General Assembly of such bill, and in the manner to be provided by law. 
The evidence of such notice having been published shall be exhibited in 
the General Assembly before such act shall be passed. 

Sec. 27. No extra compensation shall be made to any officer, agent, 
employe or contractor after the service shall have been rendered or the 
contract made ; nor shall any money be appropriated or paid on any claim, 
the stibject matter of which shall not have been provided for by pre- 
existing laws; unless such compensation or claim be allowed by bill 
passed by two-thirds of the members elected to each branch of the 
General Assembly. 

Sec. 28. Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that in 
which the tw^o houses shall be sitting. 

Sec. 29. No money - shall be drawn from the treasury except in 
pursuance of specific appropriation made by law, the purpose of which 



26 Biennial Report of Secretary of State. 

shall be distinctly stated in the bill; and the maximum amount which may 
be drawn shall be specified in dollars and cents; and no appropriation 
shall be for a longer period than two years. 

Sec. 30. The general appropriation bill shall embrace nothing but 
appropriations for the ordinary expense of the executive, legislative and 
judicial departments of the State. All other appropriations shall be 
made by separate bills, each embracing but one subject. 

Sec. 31. No State tax shall be allowed, or appropriation of money 
made, except to raise means for the payment of the just debts of the 
State, for defraying the necessary expenses of government, to sustain 
common schools, to repel invasion and suppress insuRiection, except by 
a majority of two-thirds of both houses of the General Assembly. 
, Sec. 32. No Act of the General Assembly shall limit the amount 
to be recovered for injuries resulting in death, or for injuries to persons 
or property; and in case of death from such injuries the right of action 
shall survive and the General Assembly shall prescribe for whose benefit 
such action shall be prosecuted. 

Sec. 33. No obligation or liability of any railroad or other corpora- 
tion held or owned by this State shall ever be exchanged, transferred, 
remitted, postponed or in any way diminished by the General Assembly; 
nor shall such liability or obligation be released except by payment thereof 
into the State treasury. 

Sec. 34. No new bill shall be introduced into either house during 
the last three days of the session. 

Sec. 35. Any person who shall, directly or indirectly, offer, give or 
promise any money or thing of value, testimonial, privilege or personal 
advantage to any executive or judicial officer or member of the General 
Assembly, and any such executive or judicial officer or member of the 
General Assembly who shall receive or consent to receive any such con- 
sideration, either directly or indirectly, to influence his' action in the 
performance or non-performance of his public or official duty, shall be 
guilty of a felony and be punished accordingly. 

See. 36. Proceedings to expel a member for a criminal offense, 
whether successful or not, shall not bar an indictment and punishment, 
under the criminal laws, for the same offense. 

AETICLE VI. 

EXECUTIVE DEPARTMENT. 

Section 1. The executive department of this State shall consist 
of a Governor, Secretary of State, Treasurer of State, Auditor of State 
and Attorney General, all of whom shall keep their offices in person at 
the seat of government, and hold their offices for the term of two years 
and until their successors are elected and quaKfied, and the General 
Assembly may provide by law for the establishment of the office of Com- 
missioner of State Lands. 



Biennial Report of Secretary of State. 27 

Sec. 2. The supreme executive power of this State shall be vested 
in a chief magistrate, who shall be styled ^'the Governor of the State 
of Arkansas. ' ' 

Sec. 3. The Governor, Secretary of State, Treasurer of State, 
Auditor of State and Attorney General shall be elected by the qualified 
electors of the State at large at the time and places of voting for 
members of the General Assembly; the returns of each election therefor 
shall be sealed up separately and transmitted to the seat of government 
by the returning officers, and directed to the Speaker of the House of 
Eepresentatives, who shall, during the first week of the session, open and 
publish the votes cast and given for each of the respective officers here- 
inbefore mentioned, in the presence of both houses' of the General As- 
sembly. The person having the highest number of votes for each of the 
respective offices shall be declared duly elected thereto; but if two or 
more shall be equal, and highest in votes for the same office, one of 
them shall be chosen by the joint vote of both houses of the General 
Assembly, and a majority of all the members elected shall be necessary 
to a choice. 

Sec. 4. Contiested elections for Governor, Secretary of State, 
Treasurer of State, Auditor of State and Attorney General shall be 
determined by the members of both houses of the General Assembly in 
joint session, who shall have exclusive jurisdiction in trying and 
determining the same, except as hereinafter provided in the case of 
special elections; and all such contests shall be tried and determined at 
the first session of the General Assembly after the election in which the 
same shall have arisen. 

Sec. 5. No person shall be eligible to the office of Governor except 
a citizen of the United States who shall have attained the age of thirty 
years, and shall have been seven years a resident of this State. 

Sec. 6. The Governor shall be commander-in-chief of the military 
and naval forces of this State, except when they shall be called into the 
actual service of the United States. 

Sec. 7. He may require information in writing from the officers 
of the executive department on any subject relating to the duties of their 
respective offices, and shall see that the laws are faithfully executed. 

Sec. 8. He shall give to the General Assembly from time to time, 
and at the close of his official term to the next General Assembly, informa- 
tion by message concerning the condition and government of the State, 
and recommend for their consideration such measures as he may deem 
expedient. 

Sec. 9. A seal of the State shall be kept by the Governor, used by 
him officially, and called the ' ' Great Seal of the State of Arkansas. ' ' 

Sec. 10. All grants and commissions shall be issued in the name 
and by the authority of the State of Arkansas, sealed with the great 
seal of the State, signed by the Governor and attested by the Secretarj^ 
of State. 



28 Biennial Eeport of Secretary of State. 

Sec. 11. No member of Congress, or other person holding oflSice 
under the authority of this State, or of the United States, shaU 
exercise the office of Governor, except as herein provided. 

See. 12. In case of the death, conviction or impeachment, failure 
to qualify, resignation, absence from the State or other disability of 
the Governor, the powers, duties and emoluments of the office for the 
remainder of the term, or until the disability be removed, or a Governor 
elected and qualified, shall devolve upon and accrue to the President of 
the Senate. 

Sec. 13. If, during the vacancy of the office of Governor, the 
President of the Senate shall be impeached, removed from office, refuse 
to qualify, resign, die or be absent from the State, the Speaker of the 
House of Eepresentatives shall, in like manner, administer the govern- 
ment. 

Sec. 14. Whenever the office of Governor shall have become vacant 
by death, resignation, removal from office or otherwise, provided such 
vacancy shall not happen within twelve months next before the expira- 
tion of the term of office for which the late Governor shall have been 
elected, the President of the Senate or Speaker of the House of Eepre- 
sentatives, as the case may be, exercising the powers of Governor for the 
time being, shall immediately cause an election to be held to fill such 
vacancy, giving by proclamation sixty days' previous notice thereof, 
which election shall be governed by the same rules prescribed for general 
elections of Governor as far as applicable; the returns shall be made to 
the Secretary of State, and the Acting Governor, Secretary of State and 
Attorney General shall constitute a board of canvassers, a majority of 
whom shall compare said returns and declare who is elected; and, if 
there be a contested election, it shall be decided as may be provided 
by law. 

Sec. 15. Every bill which shall have passed both houses of the 
General Assembly shall be presented to the Governor; if he approves it 
he shall sign it; but if he shall not approve it, he shaU return it, with 
his objections, to the house in which it originated, which house shall 
enter the objections at large upon their journal and proceed to recon- 
sider it. If, after such reconsideration, a majority of the whole number 
elected to that house shaU agree to pass the bill, it shaU be sent with 
the objections to the other house, by which, likewise, it shall be recon- 
sidered; and, if approved by a majority of the whole number elected to 
that house, it shall be a law; but in such cases the votes of both houses 
shall be determined by ''yeas and nays," and the names of the mem- 
bers voting for or against the bill shall be entered on the journals. If 
any bill shall not be returned by the Governor within five days, Sunday 
excepted, after it shall have been presented to him, the same shall be a 
law in like manner as if he had signed it, unless the General Assembly, 
by their adjournment, prevent its return, in which case it shall become 
a law, unless he shall file the same, with his objections, in the office of 



Biennial Beport of Secretary of State. 29 

the Secretary of State and give notice thereof by public proclamation 
within twenty days after such adjournment. 

Sec. 16. Every order or resolution in which the concurrence of 
both houses of the General Assembly may be necessary, except on 
questions of adjournment, shall be presented to the Governor, and, before 
it shall take effect, be approved by him; or, being disapproved, shall be 
repassed by both houses, according to the rules and limitations prescribed 
in the case of a bill. 

Sec. 17. The Governor shall have power to disapprove any item or 
items of any bill making appropriation of money, embracing distinct 
items; and the part or parts of the bill approved shall be the law, 
and the item or items of appropriation disapproved shall be void, unless 
repassed according to the rules and limitations prescribed for the passage 
of other bills over the executive veto. 

Sec. 18. In all criminal and penal cases, except in those of treason 
and impeachment, the Governor shall have power to grant reprieves, com- 
mutations of sentence, and pardons after conviction; and to remit 
fines and forfeitures under such rules and regulations as shall be pre- 
scribed by law. In ease of treason he shall have power, by and with 
the advice and consent of the Senate, to grant reprieves and pardons; 
and he may, in the recess of the Senate, respite the sentence until the 
adjournment of the next regular session of the General Assembly. He 
shall communicate to the General Assembly at every regular session each 
case of reprieve, commutation or pardon, with his reasons therefor, stating 
the name and crime of the convict, the sentence, its date and the date of 
the commutation, pardon or reprieve. 

See. 19. The Governor may, by proclamation, on extraordinary oc- 
casions convene the General Assembly at the seat of government, or at 
a different place if that shall have become since their last adjournment 
dangerous from an enemy or contagious disease; and he shall specify 
in his proclamation the purpose for which they are convened, and no 
other business than that set forth therein shall be transacted until the 
same shall have been disposed of, after which they may, by a vote of 
two-thirds of all the members elected to both houses, entered upon their 
journals, remain in session not exceeding fifteen days. 

Sec. 20. In cases of disagreement between the two houses of the 
General Assembly, at a regular or special session with respect to the time 
of adjournment, the Governor may, if the facts be certified to him by 
the presiding officers of the two houses, adjourn them to a time not 
beyond the day of their next meeting; and, on account of danger from 
an enemy or disease, to such other place of safety as he may think 
proper. 

Sec. 21. The Secretary of State shall keep a full and accurate 
record of all the official acts and proceedings of the Governor, and, when 
required, lay the same, with all papers, minutes and vouchers relating 
thereto, before either branch of the General Assembly. He shall also 



30 Biennial Eeport of Secretary of State. 

discharge the duties of Superintendent of Public Instruction, until 
otherwise provided by law. 

Sec. 22. The Treasurer of State, Secretary of State, - Auditor of 
State and Attorney General shall perform such duties as may be pre- 
scribed by law; they shall not hold any other office or commission, civil 
or military, in this State or under any State, or the United States, or 
any other power, at one and the same time; and, in case of vacancy 
occurring in any of said offices, by death, resignation or otherwise, the 
Governor shall fill said office by appointment for the unexpired term. 

Sec. 23. When any office from any cause may become vacant, and 
no mode is provided by the Constitution and laws for filling such vacancy, 
the Governor shall have the power to fill the same by granting a com- 
mission, which shall expire when the person elected to fill said office, at 
the next general election, shall be duly qualified. 

AETICLE VII. 

JUDICIAL DEPARTMENT. 

Section 1. The judicial power of the State shall be vested in one 
Supreme Court; in circuit courts; in county and probate courts, and in 
justices of the peace. The General Assembly may also vest such juris- 
diction as may be deemed necessary in municipal corporation courts, 
courts of common pleas, where established, and when deemed expedient, 
may establish separate courts of chancery. 

Sec. 2. The Supreme Court shall be composed of three judges, one 
of whom shaU be styled chief justice, and elected as such; any two of 
whom shall constitute a quorum, and the concurrence of two judges shall, 
in every case, be necessary to a decision. 

Sec. 3. When the population of the State shall amount to one 
million, the General Assembly may, if deemed necessary, increase the 
number of judges of the Supreme Court to five ; and, on such increase, a 
majority of judges shall be necessary to make a quorum or decision. 

Sec. 4. The Supreme Court, except in cases otherwise provided by 
this Constitution, shall have appellate jurisdiction only, which shall 
be co-extensive with the State, under such restrictions as may from 
time to time be prescribed by law. It shall have a general superin- 
tending control over all inferior courts of law and equity; and, in aid 
of its appellate and supervisory jurisdiction, it shall have power to issue 
writs of error and supersedeas, certiorari, habeas corpus, prohibition, 
mandamus and quo warranto, and other remedial writs, and to hear and 
determine the same. Its judges shall be conservators of the peace 
throughout the State, and shall severally have power to issne any of the 
aforesaid writs. 

Sec. 5. In the exercise of original jurisdiction the Supreme Court 
shall have power to issue writs of quo warranto to the circuit judges 
and chancellors when created, and to officers of political corporations 
when the question involved is the legal existence of such corporations. 



Biennial Eeport of Secretary of State. 31 

Sec. 6. A judge of the Supreme Court shall be at least thirty years 
of age, of good moral character, and learned in the law; a citizen of the 
United States and two years a resident of the State, and who has 
been a practicing lawyer eight years, or whose service upon the bench 
of any court of record, when added to the time he may have practiced 
law, shall be equal to eight years. The judges of the Supreme Court 
shall be elected by the qualified electors of the State and shall hold their 
oflSces during the term of eight years from the date of their commissions ; 
but at the first meeting of the court after the first election under this 
Constitution the judges shall by lot divide themselves into three classes, 
one of which shall hold his office for four, one for six and the other 
for eight years, after which each judge shall be elected for a full term 
of eight years. A record shall be made in the court of this classifica- 
tion. 

Sec. 7. The Supreme Court shall appoint its clerk and reporter, who 
shall hold their offices for six years, subject to removal for good cause. 

Sec. 8. The terms of the Supreme Court shall be held at the seat 
of government at the times that now are, or may be, provided by law. 

Sec. 9. In case all or any of the judges of the Supreme Court shall 
be disqualified from presiding in any cause or causes, the court or the 
disqualified judge shall certify the same to the governor, who shall im- 
mediately commission the requisite number of men learned in the law 
to sit in the trial and determination of such causes. 

Sec. 10. The supreme judges shall at stated times receive a com- 
pensation for their services to be ascertained by law, which shall not be, 
after the adjournment of the next General Assembly, diminished during 
the time for which they shall have been elected. They shall not be al- 
lowed any fees or perquisites of office nor hold any other office, nor 
hold any office of trust or profit under the State or the United States. 

See. 11. The circuit courts shall have jurisdiction in all civil and 
criminal cases, the exclusive jurisdiction of which may not be vested in 
some other court provided for by this constitution. 

Sec. 12. The circuit courts shall hold their terms in each county 
at such times and places as are, or may be, prescribed by law. 

Sec. 13. The State shall be divided into convenient circuits, each 
circuit to be made up of contiguous counties, for each of which circuits 
a judge shall be elected, who, during his continuance in office, shall 
reside in and be a conservator of the peace within the circuit for which 
he shall have been elected. 

Sec. 14. The circuit courts shall exercise a superintending control 
and appellate jurisdiction over county, probate, court of common pleas 
and corporation courts and justices of the peace, and shall have power 
to issue, hear and determine all the necessary writs to carry into effect 
their general and specific powers, any of which writs may be issued upon 
order of the judge of the appropriate court in vacation. 

Sec. 15. Until the General Assembly shall deem it expedient to 
establish courts of chancery the circuit courts shall have jurisdiction in 



32 Biennial Beport of Secretary of State. 

matters of equity, subject to appeal to the Supreme Court, in such 
manner as may be prescribed by law. 

Sec. 16. A judge of the circuit court shall be a citizen of the 
United States, at least twenty-eight years of age, of good moral charac- 
ter, learned in the law, two years a resident of the State, and shall have 
practiced law six years, or whose service upon the bench of any court 
of record, when added to the time he may have practiced law, shall be 
equal to six years. 

Sec. 17. The judges of the circuit courts shall be elected by the 
qualified electors of the several circuits, and shall hold their offices for 
the term of four years. 

Sec. 18. The judges of the circuit courts shall at stated times 
receive a compensation for their services, to be ascertained by law, 
which shall not, after the adjournment of the first session of the general 
assembly, be diminished during the time for which they are elected. 
They shall not be allowed any fees or perquisites of office, nor hold any 
other office of trust or profit under this State or the United States. 

Sec. 19. The clerks of the circuit court shall be elected by the 
qualified electors of the several counties, for the term of two yearS; and 
shall be ex-officio clerks of the county and probate courts and recorder; 
provided, that in any county having a population exceeding fifteen 
thousand inhabitants, as shown by the last federal census, there shall be 
elected a county clerk, in like manner as clerk of the circuit court, who 
shall be ex-officio clerk of the probate court of said county. 

Sec. 20. No judge or justice shall preside in the trial of any 
cause in the event of which he may be interested, or where either of the 
parties shall be connected with him by consanguinity or affinity, within 
such degree as may be prescribed by law; or in which he may have been 
of counsel or have presided in any inferior court. 

Sec. 21. Whenever the office of judge of the circuit court of any 
county is vacant at the commencement of a term of such court, or the 
judge of said court shall fail to attend, the regular practicing at- 
torneys in attendance on said court may meet at 10 o'clock a. m. on 
the second day of the term and elect a judge to preside at such court, 
or until the regular judge shall appear; and if the judge of said court 
shall become sick or die or unable to continue to hold such court after 
its term shall have commenced, or shall from any cause be disqualified 
from presiding at the trial of any cause then pending therein, then the 
regular practicing attorneys in attendance on said court may in like 
manner, on notice from the judge or clerk of said court, elect a judge 
to preside at such court or to try said causes, and the attorney so 
elected shall have the same power and authority in said court as the 
regular judge would have had if present and presiding ; but this authority 
shall cease at the close of the term at which the election shall be made. 
The proceeding shall be entered at large upon the record. The special 
judge shall be learned in the law and a resident of the State. 



Biennial Beport of Secretary of State. 33 

Sec. 22. The judges of the circuit courts may temporarily exchange 
circuits or hold courts for each other under such regulations as may be 
prescribed by law. 

Sec. 23. Judges shall not charge juries with regard to matters of 
fact, but shall declare the law, and in jury trials shall reduce their 
charge or instructions to writing on the request of either party. 

Sec. 24. The qualified electors of each circuit shall elect a prose- 
cuting attorney, who shall hold his office for the term of two years, and 
he shall be a citizen of the United States, learned in the law, and a 
resident of the circuit for which he may be elected. 

Sec. 25. The judges of the supreme, circuit or chancery courts 
shall not, during their continuance in office, practice law or appear as 
counsel in any court, State or Federal, within this State. 

Sec. 26. The General Assembly shall have power to regulate by law 
the punishment of contempts not committed in the presence or hearing 
of the courts, or in disobedience of process. 

Sec. 27. The circuit court shall have jurisdiction upon information, 
presentment or indictment to remove any county or township officer from 
office for incompetency, corruption, gross immorality, criminal conduct, 
malfeasance, misfeasance or non-feasance in office. 

See. 28. The county courts shall have exclusive original jurisdiction 
m all matters relating to county taxes, roads, bridges, ferries, paupers, 
bastardy, vagrants, the apprenticeship of minors, the disbursement of 
money for county purposes', and in every other case that may be necessary 
to the internal improvement and local concerns of the respective counties. 
The county court shall be held by one judge, except in cases other v/ise 
herein provided. 

Sec. 29. The judge of the county court shall be elected by the 
qualified electors of the county for the term of two years. He shall 
be at least twenty-five years of age, a citizen of the United States, a 
man of upright character, of good business education and a resident 
of the State for two years before his election, and a resident of the 
county at the time of his election and during his continuance in office. 

Sec. 30. The justices of the peace of each county shall sit with 
and assist the county judges in levying the county taxes, and in making 
appropriations for the expenses of the county in the manner to be pre- 
scribed by law; and the county judge together with a majority of said 
justices, shall constitute a quorum for such purposes; and in the absence 
of the county judge a majority of the justices of the peace may con- 
stitute the court, who shall elect one of their number to preside. The 
general assembly shall regulate by law the manner of compelling the at- 
tendance of such quorum. 

Sec. 31. The terms of the county courts shall be held at the times 
that are now prescribed for holding the supervisors courts, or may here- 
after be prescribed by law. 

Sec. 32. The General Assembly may authorize the judge of the 
county court of any one or more counties to hold severally a quarterly 



34 Biennml Report of Secretary of State. 

court of common pleas in their respective counties, which shall be a 
court of record, with such jurisdiction in matters of contract and other 
civil matters not involving the title to real estate as may be vested in 
such court. 

Sec. 33. Appeals from all judgments of county courts or courts 
of common pleas, when established, may be taken to the circuit court 
under such restrictions and regulations as may be prescribed by law. 

Sec. 34. The judge of the county court shall be the judge of the 
court of probate, and have such exclusive original jurisdiction in matters 
relative to the probate of vdlls, the estate of deceased persons, exe- 
cutors, administrators, guardians and persons of unsound mind and 
their estate as is now vested in the circuit court, or may be hereafter 
prescribed by law. The regular terms of the court of probate shall be 
held at the times that may hereafter be prescribed by law. 

Sec. 35. Appeals may be taken from judgments and orders of the 
probate court to the circuit court under such regulations and restric- 
tions as may be prescribed by law. 

See. 36. Whenever the judge of the county or probate court may 
be disqualified from presiding in any cause or causes pending in his 
court he shall certify the facts to the Governor of the State, who shall 
thereupon commission a special judge to preside in such cause or causes 
during the time said disqualification may continue, or until such cause 
or causes may be finally disposed of. 

Sec. 37. The county judge shall receive such compensation for his 
services as presiding judge of the county court, as judge 'of the court of 
probate and judge of the court of common pleas, when established, as 
may be provided by law. In the absence of the circuit judge from the 
county the county judge shall have power to issue orders for injunction 
and other provisional writs in their counties, returnable to the court 
having jurisdiction, provided that either party may have such order 
reviewed by any superior judge in vacation in such manner as shall 
be provided by law. The county judge shall have power, in the absence 
of the circuit judge from the county, to issue, hear and determine writs 
of habeas corpus under such regulations and restrictions as shall be 
provided by law. 

Sec. 38. The qualified electors of each township shall elect the 
justices of the peace for the term of two years, who shall be commis- 
sioned by the Governor, and their official oath shall be indorsed on the 
commission. 

Sec. 39. For every two hundred electors there shall be elected one 
justice of the peace, but every township, however small, shall have two 
justices of the peace. 

Sec. 40. They shall have original jurisdiction in the following 
matters: First, exclusive of the circuit court, in all matters of con- 
tract where the amount in controversy does not exceed the sum of one 
hundred dollars, excluding interest, and concurrent jurisdiction in mat- 
ters of contract where the amount in controversy does not exceed the 



'' Biennial Report of Secretary of State. 35 

sum of three hundred dollars, exclusive of interest; second, concurrent 
jurisdiction in suits for the recovery of personal property where the 
value of the property does not exceed the sum of three hundred dollars, 
and in all matters of damage to personal property where the amount 
in controversy does not exceed the sum of one hundred dollars; third, 
such jurisdiction of misdemeanors as is now, or may be, prescribed by 
law; fourth, to sit as examining courts and commit, discharge or recog- 
nize offenders to the court having jurisdiction for further trial, and 
to bind persons to keep the peace or for good behaviour; fifth, for 
the foregoing purposes they shall* have power to issue all necessary 
process; sixth, they shall be conservators of the peace within their 
respective counties, provided a justice of the peace shall not have 
jurisdiction where a lien on land or title or possession thereto is in- 
volved. 

Sec. 41. A justice of the peace shall be a qualified elector and a 
resident of the township for which he is elected. 

Sec. 42. Appeals may be taken from the final judgment of the 
justices of the peace to .the circuit courts under such regulations as are 
now, or may be, provided by law. 

Sec. 43. Corporation courts for towns and cities may be invested 
with jurisdiction concurrent with justices of the peace in civil and 
criminal matters, and the General Assembly may invest such of them as 
it may deem expedient with jurisdiction of any criminal offenses not 
punishable by death or imprisonment in the penitentiary, with or with- 
out indictment, as may be provided by law, and, until the General As- 
sembly shall othervdse provide, they shall have the jurisdiction now 
provided by law. 

Sec. 44. The Pulaski Chancery Court shall continue in existence 
until abolished by law, or the business pending at the adoption of this 
Constitution shall be disposed of, or the pending business be transferred 
to other courts. The judge and clerk of said court shall hold office for 
the term of two years, and shall be elected by the qualified voters of 
the State. All suits and proceedings which relate to sixteenth section 
lands or to money due for said lands shall be transferred to the respec- 
tive counties where such lands are located in such manner as shall be 
provided by the General Assembly at the next session. 

Sec. 45. The separate criminal courts established in this State 
are hereby abolished, and all the jurisdiction exercised by said criminal 
courts is vested in the circuit courts of the respective counties; and all 
causes now pending therein are hereby transferred to said circuit courts 
respectively. It shall be the duty of the clerks of said criminal courts 
to transfer all the records, books and papers pertaining to said criminal 
courts to the circuit courts of their respective counties. 

Sec. 46. The qualified electors of each county shall elect one 
sheriff, who shall be ex-officio collector of taxes, unless otherwise pro- 
vided by law; one assessor, one coroner, one treasurer, who shall be 
ex-officio treasurer of the common school fund of the county, and one 



36 Biennial Beport of Secretary of State. 

county surveyor, for the term of two years, with sueh duties as are now 
or may be prescribed by law. Provided, that no per centum shall ever 
be paid to assessors upon the valuation or assessment of property by 
them. 

Sec. 47. The qualified electors of each township shall elect a 
constable for the term of two years, who shall be furnished by the 
presiding judge of the county court with a certificate of election, on 
which his oflBcial oath shall be endorsed. 

Sec. 48. All ofiicers provided for in this article, except constables, 
shall be commissioned by the Governor. 

See. 49. All writs and other judicial process shall run in the name 
of the State of Arkansas, bear test and be signed by the clerks of the 
respective courts from which they issue. Indictments' shall conclude: 
''Against the peace and dignity of the State of Arkansas." 

See. 50. All vacancies occurring in any ofS,ce provided for in this 
article shall be filled by special election, save that in case of vacancies 
occurring in county and township ofQees six months, and in other 
offices nine months, before the next general election; such vacancies 
shall be filled by appointment by the Governor. 

Sec. 51. That in all cases of allowances made for or against 
counties, cities or towns, an appeal shall lie to the circuit court of the 
county, at the instance of the party aggrieved, or on the intervention 
of any citizen or resident and tax-payer of such county, city or town, 
on the same terms and conditions on which appeals may be granted to 
the circuit court in other eases; and in the matter pertaining to any such 
allowance shall be tried in the circuit court de novo. In case an appeal 
be taken by any citizen he shall give a bond, payable to the proper 
county, conditioned to prosecute the appeal and save the county from 
costs on account of the same being taken. 

Sec. 52. That in all cases of contest for any county, township or 
municipal office, an fippeal shall lie at the instance of the party ag- 
grieved, from any inferior board, council or tribunal to the circuit 
court, .on the same terms and conditions on which appeals may be 
granted to the circuit court in other cases, and on such appeals' the 
case shall be tried de novo. 

AETICLE VIII. 

APPORTIONMENT. 

Section 1. The House of Eepresentatives shall consist of not less 
than seventy-three, nor more than one hundred members. Each county 
now organized shall always be entitled to one representative, the re- 
mainder to be apportioned the several counties according to the number 
of adult male inhabitants, taking two thousand as the ratio, until the 
number of representatives amounts to one hundred, when they shall 
not be further increased; but the ratio of representation shall, from 
time to time, be increased, as hereinafter provided, so that the repre- 



Biennial Report of Secretary of State. 37 

sentatives shall never exceed that number. And until the enumeration 
of the inhabitants is taken by the United States government, A. J). 
1880, the representatives shall be apportioned among the several 
counties, as follovrs: 

The County of Arkansas shall elect one representative. The 
County of Ashley shall elect one representative. The County of Benton 
shall elect two representatives. The County of Boone shall elect one 
representative. The County of Bradley shall elect one representative. 
The County of Baxter shall elect one representative. The County of 
Calhoun shall elect one representative. The County of Carroll shall 
elect one representative. The County of Chicot shall elect one repre- 
sentative. The County of Columbia shall elect two representatives. 
The County of Clark shall elect two representatives. The County of 
Conway shall elect one representative. The County of Craighead shall 
elect one representative. The County of Crawford shall elect one repre- 
sentative. The County of Cross shall elect one representative. The 
County of Crittenden shall elect one representative. The County of 
Clayton shall elect one representative. The County of Dallas' shall elect 
one representative. The County of Desha shall elect one representative. 
The County of Drew shall elect one representative. The County of 
Dorsey shall elect one representative. The County of Franklin shall 
elect one representative. The County of Fulton shall elect one repre- 
sentative. The County of Faulkner shall elect one representative 
The County of Grant shall elect one representative. The County of 
Greene shall elect one representative. The County of Garland shall 
elect one representative. The County of Hempstead shall elect two 
representatives. The County of Hot Spring shall elect one representa- 
tive. The County of Howard shall elect one representative. The County 
of Independence shall elect two representatives. The County of Izard 
shall elect one representative. The County of Jackson shall elect one 
representative. The County of Jefferson shall elect three representa- 
tives. The County of Johnson shall elect one representative. The 
County of Lafayette shall elect one representative. The County of 
Lawrence shall elect one representative. The County of Little River 
shall elect one representative. The County of Lonoke shall elect two 
representatives. The County of Lincoln shall elect one representative. 
The County of Lee shall elect two representatives. The County of 
Madison shall elect one representative. The County of Marion 
shall elect one representative. The County of Monroe shall elect 
one representative. The County of Montgomery shall elect one 
representative. The County of Mississippi shall elect one representa- 
tive. The County of Nevada shall elect one representative. The County 
of Newton shall elect one representative. The County of Ouachita 
shall elect two representatives. The County of Perry shall elect one 
representative. The County of Phillips shall elect three representatives. 
The County of Pike shall elect one representative. The County of Polk 



38 Biennial Beport of Secretary of State. 

shall elect one representative. The County of Pope shall elect one 
representative. The County of Poinsett shall elect one representative. 
The County of Pulaski shall elect four representatives. The County of 
Prairie shall elect one representative. The County of 'Eandolph shall 
elect one representative. The County of Saline shall elect one repre- 
sentative. The County of Sarber shall elect one representative. The 
County of Scott shall elect one representative. The County of Searcy 
shall elect one representative. The County of Sebastian shall elect two 
representatives. The County of Sevier shall elect one representative. 
The County of Sharp shall elect one representative. The County of St. 
Francis shall elect one representative. The County of Stone shall elect 
one representative. The County of Union shall elect two representa- 
tives. The County of Van Buren shall elect one representative. The 
County of Washington shall elect three representatives. The County 
of White shall elect two representatives. The County of Woodruff 
shall elect one representative. The County of Yell shall elect one repre- 
sentative. 

Sec. 2. The legislature shall from time to time divide the State 
into convenient senatorial districts in such manner that the Senate shall 
be based upon the adult male inhabitants of the State, each senator 
representing an equal number as nearly as practicable, and until the 
enumeration of the inhabitants is taken by the United States govern- 
ment, A. D. 1880; the districts shall be arranged as follows: 

The Counties of Greene, Craighead and Clayton shall compose the 
First District and elect one senator. 

The Counties of Eandolph, Lawrence and Sharp shall compose the 
Second District and elect one senator. 

The Counties of Carroll, Boone and Newton shall compose the 
Third District and elect one senator. 

The Counties of Johnson and Pope shall compose the Fourth Dis- 
trict and elect one senator. 

The County of Washington shall compose - the Fifth District and 
elect one senator. 

The Counties of Independence and Stone shall compose the Sixth 
District and elect one senator. 

The Counties of Woodruff, St. Francis, Cross and Crittenden shall 
compose the Seventh District and elect one senator. 

The Counties of Yell and Sarber shall compose the Eighth District 
and elect one senator. 

The Counties of Saline, Garland, Hot Spring and Grant shall com- 
pose the Ninth District and elect one senator. 

The Counties of Pulaski and Perry shall compose the Tenth District 
and elect two senators. 

The County of Jefferson shall compose the Eleventh District and 
elect one senator. 

The Counties of Lonoke and Prairie shall compose the Twelfth 
District and elect one senator. 



Biennial Report of Secretary of State. 39 

The Counties of Arkansas and Monroe shall compose the Thirteenth 
District and elect one senator. 

The Counties of Phillips and Lee shall compose the Fourteenth 
District and elect one senator. 

The Counties of Desha and Chicot shall compose the Fifteenth Dis- 
trict and elect one senator. 

The Counties of Lincoln, Dorsey and Dallas shall compose the 
Sixteenth District and elect one senator. 

The Counties of Drew and Ashley shall compose the Seventeenth 
District and elect one senator. 

The Counties of Bradley and Union shall compose the Eighteenth 
District and elect one senator. 

The Counties of Calhoun and Ouachita shall compose the Nine- 
teenth District and elect one senator. 

The Counties of Hempstead and Nevada shall compose the Twen- 
tieth District and elect one senator. 

The Counties of Columbia and Lafayette shall compose the Twenty- 
first District and elect one senator. 

The Counties of Little Biver, Sevier, Howard and Polk shall com- 
pose the Twenty-second District and elect one senator. 

The Counties of Fulton, Izard, Marion and Baxter shall compose 
the Twenty-third District and elect one senator. 

The Counties of Benton and Madison shall compose the Twenty- 
fourth District and elect one senator. 

The Counties of Crawford and Franklin shall compose the Twenty- 
fifth District and elect one senator. 

The Counties of Van Buren, Conway and Searcy shall compose the 
Twenty-sixth District and elect one senator. 

The Counties of White and Faulkner shall compose the Twenty- 
seventh District and elect one senator. 

The Counties of Sebastian and Scott shall compose the Twenty- 
eighth District and elect one senator. 

The Counties of Poinsett, Jackson and Mississippi shall compose 
the Twenty-ninth District and elect one senator. 

The Counties of Clark, Pike and Montgomery shall compose the 
Thirtieth District and elect one senator. 

And the Senate shall never consist of less than thirty nor more than 
thirty-five members. 

Sec. 3. Senatorial districts shall at all times consist of contiguous 
territory, and no county shall be divided in the formation of a senatorial 
district. 

Sec. 4. The division of the State into senatorial districts and the 
apportionment of representatives to the several counties shall be made 
by the General Assembly at the first regular session after each enumera- 
tion of the inhabitants of the State by the Federal or State govern- 
ment shall have been ascertained, and at no other time. 



40 Biennial Heport of Secretary of State. 



ARTICLE IX. 

EXEMPTION. 

Section 1. The personal property of any resident of this State 
who is not married or the head of a family, in specific articles to be 
selected by such resident, not exceeding in value the sum of two hundred 
dollars in addition to his or her wearing apparel, shall be exempt from 
seizure on attachment, or sale on execution, or other process from any 
court issued for the collection of any debt by contract; provided, that 
no property shaU be exempt from execution for debts contracted for 
the purchase money therefor while in the hands of the vendee. 

Sec. 2. The personal property of any resident of this State who 
is married or the head of a family, in specific articles to be selected 
by such resident, not exceeding in value the sum of five hundred dol- 
lars in addition to his or her wearing apparel, and that of his or her 
family, shall be exempt from seizure on attachment, or sale on execu- 
tion, or other process from any court on debt by contract. 

Sec. 3. The homestead of any resident of this State who is 
married or the head of a family shall not be subject to the lien of 
any judgment, or decree of any court, or to sale under execution or 
other process thereon, except such as may be rendered for the purchase 
money or for specific Hens, laborers' or mechanics' Hens for improving 
the same, or for taxes, or against executors, administrators, guardians, 
receivers', attorneys for moneys collected by them and other trustees of 
an express trust for moneys due from them in their fiduciary capacity. 

Sec. 4. The homestead outside of any city, town or village, owned 
and occupied as a residence, shaU consist of not exceeding one hundred 
and sixty acres of land, with the improvements thereon, to be selected 
by the owner, provided the same shall not exceed in value the sum of 
twenty-five hundred dollars, and in no event shall the homestead be 
reduced to less than eighty acres, without regard to value. 

Sec. 5. The homestead in any city, town or village, owned and 
occupied as a residence, shall consist of not exceeding one acre of land 
with the improvements thereon, to be selected by the owner, provided 
the same shall not exceed in value the sum of two thousand five 
hundred dollars, and in no event shall such homestead be reduced to 
less than one-quarter of an acre of land, without regard to value. 

Sec. 6. If the owner of a homestead die, leaving a widow, but 
no children, and said widow has no separate homestead in her own 
right, the same shall be exempt and the rents and profits thereof shall 
vest in her duiing her natural life, provided that if the owner leaves 
children, one or more, said child or children shaU share with said 
widow and be entitled to half the rents and profits till each of them 
arrives at twenty-one years of age — each child's right to cease at 
twenty-one years of age — and the shares to go to the younger children, 
and then aU to go to the widow, and provided that said widow or 



Biennial Report of Secretary of State. 41 

children may reside on the homestead or not; and in case of the death 
of the widow all of said homestead shall be vested in the minor children 
of the testator or intestate. 

Sec. 7, The real and personal property of any f emme couverte in this 
State acquired either before or after marriage, whether by gift, grant, 
inheritance, devise or otherwise, shall, so long as she may choose, be 
and remain her separate estate and property and may be devised, be- 
queathed or conveyed by her the same as if she were a femme sole, 
and the same shall not be subject to the debts of her husband. 

Sec. 8. The General Assembly «hall provide for the time and mode 
of scheduling the separate personal property of married women. 

Sec. 9. The exemptions contained in the Constitution of 1868 
shall apply to all debts contracted since the adoption thereof and prior 
to the adoption of this Constitution. 

Sec. 10. The homestead provided for in this article shall inure 
to the benefit of the minor children, under the exemptions herein pro- 
vided, after the decease of the parents. 

AETICLE X. 

AGRICULTURE, MINING AND MANUFACTURE. 

Section 1. The General Assembly shall pass such laws as will foster 
and aid the agriculture, mining and manufacturing interests of the 
State, and may create a bureau to be known as the Mining, Manufactur- 
ing and Agricultural Bureau. 

Sec. 2. The General Assembly, when deemed expedient, may create 
the office of State Geologist, to be appointed by the Governor, by and 
with the advise and consent of the Senate, who shall hold his office 
for such time and perform such duties and receive such compensa- 
tion as may be prescribed by law. Provided, that he shall be at all 
times subject to removal by the Governor for incompetency or gross 
neglect of duty. 

Sec. 3. The General Assembly may, by general law, exempt from 
taxation for the term of seven years from the ratification of this Con- 
stitution the capital invested in any or all kinds of mining and manu- 
facturing business in this State, under such regulations and restrictions 
as may be prescribed by law. 

ABTICLE XI. 

MILITIA. 

Section 1. The militia shall consist of all able-bodied male per- 
sons, residents of the State, between the ages of eighteen and forty- 
five years, except such as may be exempted by the laws of the United 
States or this State, and shall be organized, officered, armed and 
equipped and trained in such manner as may be provided by law. 



4^ Bienni-al Beport of Secretary of State. 

Sec. 2. Volunteer companies of infantry, cavalry or artillery may 
be formed in such manner and with such restrictions as may be provided 
by law. 

See. 3. The volunteer and militia forces shall in all cases (except 
treason, felony and breach of the peace) be privileged from arrest 
during their attendance at muster and the election of officers, and in 
going to and returning from the same. 

Sec. 4. The Governor shall, when the General Assembly is not in 
session, have power to call out the volunteers or militia, or both, to 
execute the laws, repel invasion, repress insurrection and preserve the 
public peace in such manner as may be authorized by law. 

AETICLE XII. 

MUNICIPAL AND PRIVATE CORPORATIONS. 

Section 1, All existing charters or grants of special or exclusive 
privileges under which bona fide organization shall not have taken 
place and business been commenced in good faith at the time of the 
adoption of this Constitution shall thereafter have no validity. 

Sec. 2. The General Assembly shall pass no special act conferring 
corporate powers, except for charitable, educational, penal or reforma- 
tory purposes, where the corporations created are to be and remain 
under the patronage and control of the State. 

Sec. 3, The General Assembly shall provide, by general laws, for 
the organization of cities (which may be classified) and incorporated 
towns, and restrict their power of taxation, assessment, borrowing money 
and contracting debts, so as to prevent the abuse of such power. 

Sec. 4. No municipal corporation shall be authorized to pass any 
laws contrary to the general laws of the State; nor levy any tax on real 
or personal property to a greater extent, in one year, than five miUs on 
the dollar of the assessed value of the same. Provided, that, to pay 
indebtedness existing at the time of the adoption of this Constitution, an 
additional tax of not more than five mills on the dollar may be levied. 

Sec. 5. 'No county, city, town or other muncipal corporation shall 
become a stockholder in any company, association or corporation, or 
obtain or appropriate money for, or loan its credit to, any corporation, 
association, institution or individual. 

Sec. 6. Corporations may be formed under general laws, which 
laws may, from time to time, be altered or repealed. The General 
Assembly shall have the power to alter, revoke or annul any charter of 
corporation now existing and revokable at the adoption of this Constitu- 
tion, or any that may hereafter be created, whenever, in their opinion, 
it may be injurious to the citizens of this State, in such a manner, how- 
ever, that no injustice shall be done to the corporators. 

Sec. 7. Except as herein provided, the State shall never become a 
stockholder in, or subscribe to, or be interested in, the stock of any 
corporation or association. 



Biennial Beport of Secretary of State. 43 

Sec. 8. No private corporation shall issue stocks or bonds', except 
for monej or property actually received or labor done, and all fictitious 
increase of stock or indebtedness shall be void; nor shall the stock or 
bonded indebtedness of any private corporation be increased, except in 
pursuance of general laws, nor until the consent of the persons holding 
the larger amount in value of stock shall be obtained at a meeting held 
after notice given for a period not less than sixty days, in pursuance 
of law. 

Sec. 9. jSTo property, nor right of way, shall be appropriated to the 
use of any corporation until full compensation therefor shall be first 
made to the owner, in money, or first secured to him by a deposit of 
money which compensation, irrespective of any benefit from any im- 
provement proposed by such corporation, shall be ascertained by a jury 
of twelve men, in a court of competent jurisdiction, as shall be pre- 
scribed by law. 

Sec. 10. No act of the General Assembly shall be passed authoriz- 
ing the issue of bills, notes or other paper which may circulate as money. 

Sec. 11. Foreign corporations may be authorized to do business 
in this State under such limitations' and restrictions as may be pre- 
scribed by law. Provided, that no such corporation shall do any busi- 
ness in this State except while it maintains therein one or more known 
places of business and an authorized agent or agents in the same upon 
whom process may be served; and, as to contracts made or business 
done in this State, they shall be subject to the same regulations, limita- 
tions and liabilities as like corporations of this State, and shall exercise 
no other or greater powers, privileges or franchises' than may be exer- 
cised by like corporations of this State, nor shall they have power to 
condemn or appropriate private property. 

Sec. 12. Except as herein otherwise provided, the State shall never 
assume or pay the debt or liability of any county, town, city or other 
corporation whatever, or any part thereof, unless such debt or liability 
shall have been created to repel invasion, suppress insurrection or to 
provide for the public welfare and defense. Nor shall the indebted- 
ness of any corporation to the State ever be released or in any manner 
discharged save by payment into the public treasury. 

ARTICLE XIII. 

COUNTIES, COUNTY SEATS AND COUNTY LINES. 

Section 1, No county now established shall be reduced to an area 
of less than six hundred square miles nor less than five thousand in- 
habitants; nor shall any neAV county be established with less than six 
hundred square miles and five thousand inhabitants. Provided, that 
this section shall not apply to the Counties of Lafayette, Pope and 
Johnson, nor be so construed as to prevent the General Assembly from 
changing the line between the Counties of Pope and Johnson. 



44 Biennial Report of Secretary of State. 

Sec. 2. No part of a county shall be taten off to form a new 
county or a part thereof without the consent of a majority of the 
voters in such part proposed to be taken off. 

Sec. 3. No county seat shall be established or changed without 
the consent of a majority of the qualified voters of the county to be 
affected by such change, nor until the place at which it is proposed to 
establish or change such county seat shall be fully designated. Pro- 
vided, that in formation of new counties the county seat may be located 
temporarily by provisions of law. 

Sec. 4. In the formation of new counties no line thereof shall 
run within ten miles of the county seat of the county proposed to be 
divided, except the county seat of Lafayette County. 

Sec. 0. Sebastian County may have two districts and two county 
seats, at which county, probate and circuit courts shall be held, as may 
be provided by law, each district paying its own expenses. 

AETICLE XIV. 

EDUCATION. 

Section 1. Intelligence and virtue being the safeguards of liberty 
and the bulwark of a free and good government, the State shall ever 
maintain a general, suitable and efficient system of free schools, where- 
by aU persons in the State between the ages of six and twenty-one 
years may receive gratuitious instruction. 

Sec. 2. No money or property belonging to the pubUc school fund, 
or to this State for the benefit of schools or universities, shall ever be 
used for any other than for the respective purposes to which it belongs. 

Sec. 3. The General Assembly shall provide by general laws for 
the support of common schools by taxes, which shall never exceed in 
any one year two miUs on the dollar on the taxable property of the 
State, and by an annual per capita tax of one dollar, to be assessed on 
every male inhabitant of this State over the age of twenty-one years. 
Provided, the General Assembly may by general law authorize school 
districts to levy by a vote of the qualified electors of such district a 
tax not to exceed five mills on the dollar in any one year for school 
purposes. Provided further, that no such tax shall be appropriated to 
any other purpose nor to any other district than that for which it was 
levied. 

Sec. 4. The supervision of public schools and the execution of the 
laws regulating the same shaU be vested in and confided to such officers 
as may be provided for by the General Assembly. 



Biennial Eeport of Secretary of State. 45 

ARTICLE XV. 

IMPEACHMENT AND ADDRESS. 

Section 1. The Governor and all State officers, judges of the 
supreme and circuit courts, chancellors and prosecuting attorneys shall 
be liable to impeachment for high crimes and misdemeanors and gross 
misconduct in office, but the judgment shall go no further than removal 
from office and disqualification to hold any office of honor, trust or 
profit under this State. An impeachment, v^^hether successful or not, 
shall be no bar to an indictment. * 

Sec. 2. The House of Representatives shall have the sole power 
of impeachemnt. All impeachments shall be tried by the Senate. When 
sitting for that purpose the senators shall be upon oath or affirmation; 
no person shall be convicted without the concurrence of two-thirds of 
the members thereof. The Chief Justice shall preside unless he is 
impeached or otherwise disqualified, when the Senate shall select a pre- 
siding officer. 

Sec. 3. The Governor, upon the joint address of two-thirds of the 
members elected to each house of the General Assembly, for good cause, 
may remove the Auditor, Treasurer, Secretary of State, Attorney Gen- 
eral, judges of the supreme and circuit courts, chancellors and prose- 
cuting attorneys. 

ARTICLE XYI. 

FINANCE AND TAXATION. 

Section 1. Neither the State nor any city, county, town or other 
municipality in this State shall ever loan its credit for any purpose 
whatever; nor shall any county, city, town or municipality ever issue 
any interest-bearing evidences of indebtedness, except such bonds as 
may be authorized by law to provide for and secure the payment of the 
present existing indebtedness, and the State shall never issue any 
interest-bearing treasury warrants or scrip. 

Sec. 2. The General Assembly shall, from time to time, provide 
for the payment of all just and legal debts of the State. 

Sec. 3. The making of profit out of public moneys, or using the 
same for any purpose not authorized by law, by any officer of the 
State or member or officer of the General Assembly, shall be punishable 
as may be provided by law; but part of such punishment shall be dis- 
qualification to hold office in this State for a period of five years. 

Sec. 4. The General Assembly shall fix the salaries and fees of all 
officers in the State, and no greater salary or fee than that fijsed by 
law shall be paid to any officer, employe or other person, or at any 
rate other than par value; and the number and salaries of the clerks 
and employes of the different departments of the State shall be fixed 
by law. 



46 Biennial Eeport of Secretary of State. 

Sec. 5. All property subject to taxation shall be taxed according 
to its value, that value to be ascertained in such manner as the General 
Assembly shall direct, making the same equal and uniform throughout 
the State. ISTo one species of property from which a tax may be col- 
lected shall be taxed higher than another species of property of equal 
value, provided the General Assembly shall have power from time to 
time to tax hawkers, peddlers, ferries, exhibitions and privileges in 
such manner as may be deemed proper. Provided further, that the 
following property shall be exempt from taxation: Public property 
used exclusively for public purposes; churches used as such; ceme- 
teries used exclusively as such; school buildings and apparatus; libraries 
and grounds used exclusively for school purposes, and buildings and 
grounds and materials used exclusively for public charity. 

Sec. 6. All laws exempting property from taxation other than as 
provided in this Constitution shall be void. 

Sec. 7. The power to tax corporations and corporate property shall 
not be surrendered or suspended by any contract or grant to which the 
State may be a party. 

Sec. 8. The General Assembly shall not have power to levy State 
taxes' for any one year to exceed in the aggregate one per cent of the 
assessed valuation of the property of the State for that year. 

Sec, 9. No county shall levy a tax to exceed one-half of one per 
cent for all purposes, but may levy an additional one-half of one per 
cent to pay indebtedness existing at the time of the ratification of this 
Constitution. 

Sec. 10. The taxes of counties, towns and cities shall only be 
payable in lawful currency of the United States', or the orders or war- 
rants of said counties, towns and cities respectively. 

Sec. 11. No tax shall be levied except in pursuance of law, and 
every law imposing a tax shall state distinctly the object of the same; 
and no moneys arising from a tax levied for one purpose shall be used 
for any other purpose. 

Sec. 12. No money shall be paid out of the treasury until the same 
shall have been appropriated by law, and then only in accordance with 
said appropriation. 

Sec. 13. Any citizen of any county, city or town may institute 
suit in behalf of himself and all others interested, to protect the in- 
habitants thereof against the enforcement of any illegal exactions 
whatever. • 

AETICLE XVII. 

RAILROADS, CANALS AND TURNPIKES. 

Section 1. All railroads, canals and turnpikes shall be public 
highways, and all railroads and canal companies shall be common car- 
riers. Any association or corporation organized for the purpose shall 
have the right to construct and operate a railroad between any points 
vdthin this State, and to connect at the State line with railroads of 



Biennial Report of Secretary of State. 47 

other States. Every railroad company shall have the right with its 
road to intersect, connect with or cross any other road, and shall receive 
and transport each the other's passengers, tonnage and cars, loaded or 
empty, vrithout delay or discrimination. 

Sec. 2. Every railroad, canal or turnpike corporation operated or 
partly operated in this State shall maintain one office therein, where 
transfers of its stock shall be made and where its books shall be kept 
for inspection by any stockholder or creditor of such corporation, in 
which shall be recorded the amount of capital stock subscribed or paid 
in, and the amounts owned by them respectively, the transfers of said 
stock and the names and places of residence of the officers. 

Sec. 3. All individuals, associations and corporations shall have 
equal right to have persons and property transported over railroads, 
canals and turnpikes, and no undue or unreasonable discrimination 
shall be made in charges for, or in facilities for transportation of 
freight or passengers, within the State, or coming from or going to 
any other State. Persons and property transported over any railroad 
shall be delivered at any station at charges not exceeding the charges 
for transportation of persons and property of the same class in the 
same direction to any more distant station; but excursion and commuta- 
tion tickets' may be issued at special rates. 

See. 4. No railroad, canal or other corporation, or the lessees, 
purchasers or managers of any railroad, canal or corporation, shall 
consolidate the stock, property or franchises of such corporation with, 
or lease or purchase the works or franchise of, or in any way control, 
any other railroad or canal corporation owning or having under its 
control a parallel or competing line, nor shall any officer of such rail- 
road or canal corporation act as an officer of any other railroad or 
canal corporation owning or having control of a parallel or competing 
line; and the question whether railroads or canals are parallel or 
competing lines, shall, when demanded by the party complainant, be de- 
cided by a jury as in other civil issues. 

Sec. 5. No president, director, officer, agent or employe of any 
railroad or canal company shall be interested directly or indirectly, in 
the furnishing of materials or supplies to such company or in the busi- 
ness of transportation as a common carrier of freight or passengers 
over the works owned, leased, controlled or worked by such company; 
nor in any arrangement which shall afford more advantageous terms or 
greater facilities than are offered or accorded to the public. And all 
contracts and arrangements in violation of this section shall be void. 

Sec. 6. No discrimination in charges or facilities for transportation 
shall be made between transportation companies and individuals or in 
favor of either by abatement, drawback or otherwise, and no railroad 
or canal company or any lessee, manager or employe thereof shall make 
any preference in furnishing cars or motive power. 



48 Biennial Bcport of Secretary of State. 

Sec. 7. The General Assembly shall prevent by law the granting 
of free passes by any railroad or transportation company to any officer 
of this State, legislative, executive or judicial. 

Sec. 8. The General Assembly shall not remit the forfeiture of the 
charter of any corporation now existing, or alter or amend the same 
or pass any general or special law for the benefit of such corporation, 
except on condition that such corporation shall thereafter hold its 
charter subject to the provisions of this Constitution. 

Sec. 9. The exercise of the right of eminent domain shall never 
be abridged or so construed as to prevent the General Assembly from 
taking the property and franchises of incorporated companies and 
subjecting them to public use the same as the property of individuals. 

Sec. 10. The General Assembly shall pass laws to correct abuses 
and prevent unjust discrimination and excessive charges by railroad, 
canal and turnpike companies for transporting freight and passengers, 
and shall provide for enforcing such laws by adequate penalties and 
forfeitures. 

Sec. 11. The rolling stock and all other movable property be- 
longing to any railroad company or corporation in this State shall be 
considered personal property, and shall be liable to execution and 
sale in the same manner as the personal property of individuals, and 
the General Assembly shall pass no law exempting any such property 
from execution and sale. 

Sec. 12. All railroads which are now or may be hereafter built 
and operated, either in whole or in part, in this State shall be re- 
sponsible for all damages to persons and property, under ■ such regula- 
tions as may be prescribed by the General Assembly. 

Sec. 13. The directors of every railroad corporation shall annually 
make a report under oath to the Auditor of Public Accounts of aU their 
acts and doings, which report shall include such matters relating to 
railroads as may be prescribed by law, and the General Assembly shall 
pass laws enforcing by suitable penalties the provisions of this section. 

ARTICLE XVIII. 

JUDICIAL CIRCUITS. 

Until otherwise provided by the General Assembly the judicial 
circuits shall be composed of the following counties: 

First — Phillips, Lee, St. Francis, Prairie, Woodruff, White and 
Monroe. 

Second — Mississippi, Crittenden, Cross, Poinsett, Craighead, Greene, 
Clayton and Randolph. 

Third — Jackson, Independence, Lawrence, Sharp, Fulton, Izard, 
Stone and Baxter. 

Fourth — Marion, Boone, Searc;^, Newton, Madison, Carroll, Benton 
and Washington, 



Biennial Report of Secretary of State. 49 

Fifth — Pope, Jolinson, Franklin, Crawford, Sebastian, Sarber and 
Yell. 

Sixth — Lonoke, Pulaski, Van Buren and Faulkner. 

Seventh — Grant, Hot Spring, Garland, Perry, Saline and Conway. 

Eighth — Scott, Montgomery, Polk, Howard, Sevier, Little Eiver, 
Pike and Clark. 

Ninth — Hempstead, Lafayette, Nevada, Columbia, Union, Ouachita 
and Calhoun. 

Tenth — Chicot, Drew, Ashley, Bradley, Dorsey and Dallas. 

Eleventh — Desha, Arkansas, Lincoln and Jefferson. 

Until otherwise provided by tie General Assembly, the circuit 
courts shall be begun and held in the several counties' as follows: 

FIRST CIRCUIT. 

White — First Monday in February and August. Woodruff — Third 
Monday in February and August. Prairie — Second Monday after the 
third Monday in February and August. Monroe — Sixth Monday after 
the third Monday in February and August. St. Francis — Eighth Mon- 
day after the third Monday in February and August. Lee — Tenth 
Monday after the third Monday in February and August. Phillips — 
Twelfth Monday after the third Monday in February and August. 

SECOND CIRCUIT. 

Mississippi — First Monday in March and September. Crittenden — 
Second Monday in March and September. Cross — Second Monday after 
the second Monday in March and September. Poinsett — Third Monday 
after the second Monday in March and September. Craighead — Fourth 
Monday after the second Monday in March and September. Greene — 
Sixth Monday after the second Monday in March and September. Clay- 
ton — Seventh Monday after the second Monday in March and Septem- 
ber. Eandolph — Ninth Monday after the second Monday in March 
and September. 

THIRD CIRCUIT. 

Jackson — First Monday in March and September. Lawrence — 
Fourth Monday in March and September. Sharp — Second Monday 
after the fourth Monday in March and September. Fulton — Fourth 
Monday after the fourth Monday in March and September. Baxter — 
Sixth Monday after the fourth Monday in March and September. 
Izard — Seventh Monday after the fourth Monday in March and Septem- 
ber. Stone — Ninth Monday after the fourth Monday in March and 
September. Independence — Tenth Monday after the fourth Monday in 
March and September. 

FOURTH CIRCUIT. 

Marion — Second Monday in February and August. Boone — Third 
Monday in February and August. Searcy — Second Monday after the 
third Monday in February and August. Newton — Third Monday after 



so Biennial Beport of Secretary of State. 

the third Monday in February and August. Carroll — Fourth Monday 
after the third Monday in February and August. Madison — Fifth 
Monday after the third Monday in February and August. Benton — 
Sixth Monday after the third Monday in February and August. Wash- 
ington — Eighth Monday after the third Monday in February and 
August. 

FIFTH CIRCUIT. 

Greenwood District, Sebastian County — Third Monday in February 
and August. Fort Smith District, Sebastian County — First Monday 
after the fourth Monday in February and August. Crawford — Fourth 
Monday after the fourth Monday in February and August. Franklin — 
Sixth Monday after the fourth Monday in February and August. 
Sarber — Eighth Monday after the fourth Monday in February and 
August. Yell — Tenth Monday after the fourth Monday in February 
and August. Pope — T^Yelfth Monday after the fourth Monday in Feb- 
ruary and August. Johnson — Fourteenth Monday after the fourth 
Monday in Februars^ and August. 

SIXTH CIRCUIT. 

In the County of Pulaski on the First Monday in February, and 
continue twelve weeks, if the business of said court require it. In the 
County of Lonoke on the first Monday succeeding the Pulaski court, 
and continue two weeks if the business of said court require it. In 
the County of Faulkner on the first Monday after the Lonoke court, 
and continue two weeks if the business of said court require it. In 
the County of Van Buren on the first Monday after the Faulkner court, 
and continue two weeks if the business of said court require it. 

FALL TERM, SIXTH CIRCUIT. 

In the County of Pulaski on the first Monday in October, and 
continue seven weeks if the business of said court require it. In the 
County of Lonoke on the first Monday next after the Pulaski court, 
and continue two weeks if the business of said court require it. In 
the County of Faulkner on the first Monday after the Lonoke court, 
and continue one week if the business of said court require it. In the 
County of Van Buren on the first Monday after the Faulkner court, 
and continue one week if the business of said court require it. 

SEVENTH CIRCUIT. 

Hot Spring — Second Monday in March and September. Grant — 
Third Monday in March and September. Saline — Fourth Monday in 
March and September. CouAvay — Second Monday after the fourth Mon- 
day in March and September. Perry — Fourth Monday after the fourth 
Monday in March and September. Garland — Fifth Monday after the 
fourth Monday in March and September. 



Biennial Report of Secretary of State. 51 

EIGHTH CIRCUIT. 

Montgomery — First Monday in February and August. Scott — 
First Monday after the first Monday in February and August. Polk — 
Second Monday after the first Monday in February and August. Sevier 
— Third Monday after the first Monday in February and August. 
Little Eiver — Fifth Monday after the first Monday in February and 
August. Howard — Seventh Monday after the first Monday in February 
and August. Pike — Eighth Monday after the first Monday in Feb- 
ruary and August. Clark — Ninth Monday after the first Monday in 
i^'ebruary and August. 

NINTH CIRCUIT. 

Calhoun — First Monday in March and September. Union — Second 
Monday after the first Monday in March and September. Columbia — 
Fourth Monday after the first Monday in March and September. La- 
fayette — Sixth Monday after the first Monday in March and September. 
Hempstead — Eighth Monday after the first Monday in March and Sep- 
tember. Nevada — Eleventh Monday after the first Monday in March 
and September. Ouachita — Thirteenth Monday after the first Monday 
in March and September. 

TENTH CIRCUIT. 

Dorsey — Third Monday in February and August. Dallas — First 
Monday in March and September. Bradley — Second Monday in March 
and September. Ashley — Third Monday in March and September. 
Drew — Second Monday after the third Monday in March and Septem- 
ber. Chicot — Fourth Monday after the third Monday in March and 
September. 

ELEVENTH CIRCUIT. 

In the County of Desha on the first Monday in March and Sep- 
tember. In the County of Arkansas on the fourth Monday in March 
and September. In the County of Lincoln on the third Monday after 
the fourth Monday in March and September. In the County of Jef- 
ferson on the sixth Monday after the fourth Monday in March and 
September. 

AETICLE XIX. 

MISCELLANEOUS PROVISIONS. 

Section 1. No person who denies the being of a God shall hold 
any office in the civil departments of this State, nor be competent to 
testify as a witness in any court. 

Sec. 2. No person who may hereafter fight a duel, assist in the 
same as second, or send, accept or knowingly carry a challenge therefor 
shall hold any office in the State for a period of ten years, and may 
be otherwise punished as the law may prescribe. 

Sec. 3. No person shall be elected to or appointed to fill a vacancy 
in any office who does not possess the qualifications of an elector. 



52 Biennial Be port of Secretary of State. 

Sec. 4. All civil officers for the State at large shall reside within 
the State, and all district, county and township officers within their 
respective districts, counties and townships, and shall keep their offices 
at such places' therein as are now or may hereafter be required by law. 

Sec. 5. All officers shall continue in office after the expiration of 
their official terms until their successors are elected and qualified. 

Sec. 6. No person shall hold or perform the duties of more than 
one office in the same department of the government at the same time, 
except as expressly directed or permitted by this Constitution. 

Sec. 7. Absence on business of the State, or of the United States, 
or on a visit or on necessary private business, shall not cause a for- 
feiture of residence once obtained. 

Sec. 8. It shall be the duty of the General Assembly to regulate 
by law in what cases and what deductions from the salaries of public 
officers shall be made for neglect of duty in their official capacity. 

Sec. 9. The General Assembly shall have no power to create any 
permanent State office not expressly provided for by this Constitution. 

Sec. 10. Eeturns for all elections for officers who are to be com- 
missioned by the Governor, and for members of the General Assembly, 
except as otherwise provided by this Constitution, shall be made to 
the Secretary of State. 

Sec. 11. The Governor, Secretary of State, Auditor, Treasurer, 
Attorney General, judges of the Supreme Court, judges of the circuit 
courts. Commissioner of State Lands and prosecuting attorneys shall 
each receive a salary, to be established by law, which shall not be in- 
creased or diminished during their respective terms, nor shall any of 
them, except the prosecuting attorneys, after the adoption of this Con- 
stitution, receive to his own use any fees, costs, perquisites of office or 
other compensation; and all fees that may hereafter be payable by law 
for any service performed by any officer mentioned in this section, except 
prosecuting attorneys, shall be paid in advance into the State treasur5\ 
Provided, that the salaries of the respective officers herein mentioned 
shall never exceed per annum: 

For Governor, the sum of $4,000.00; for Secretary of State, the 
sum of $2,500.00; for Treasurer, the sum of $3,000.00; for Auditor, 
the sum of $3,000.00; for Attorney General, the sum of $2,500.00; for 
Commissioner of State Lands, the sum of $2,500.00; for judges of the 
Supreme Court, each, the sum of $4,000.00; for judges of the circuit 
courts and chancellors, each, the sum of $3,000,00; for prosecuting 
attorney, the sum of $400.00. 

And provided further, that the General Assembly shall provide for 
no increase of salaries of its members which shall take effect before 
the meeting of the next General Assembly. 

Sec. 12. An accurate and detailed statement of the receipts and 
expenditures of the public money, the several amounts paid, to whom 
and on what account, shall, from time to time, be published as may be 
prescribed by law. 



Biennial Report of Secretary of State. 53 

Sec. 13. All contracts for a greater rate of interest than ten 
per centum per annum shall be void, as to principal and interest, and 
the General Assembly shall prohibit the same by law, but when no rate 
of interest is agreed upon the rate shall be six per centum per annum. 

Sec. 14. No lottery shall be authorized by this State, nor shall 
the sale of lottery tickets be allowed. 

Sec. 15. xA-ll stationery, printing, paper, fuel, for the use of the 
General Assembly and other departments of government, shall be 
furnished, and the printing, binding and distributing of the laws, 
journals', department reports and ail other printing and binding and the 
repairing and furnishing the halls and rooms used for the meetings of 
the General Assembly and its committees, shall be performed under con- 
tract to be given to the lowest responsible bidder, below such maximum 
price and under such regulations as shall be prescribed by law. No 
member or officer of any department of the government shall in any way 
be interested in such contracts, and all such contracts shall be subject 
to the approval of the Governor, Auditor and Treasurer. 

Sec. 16. All contracts for erecting or repairing public buildings 
or bridges in any county, or for materials therefor, or for providing 
for the care and keeping of paupers where there are no alms-houses, 
shall be given to the lowest responsible bidder under such regulations 
as may be provided by law. 

Sec. 17. The laAvs of this State, civil and criminal, shall be re- 
vised, digested, arranged, published and promulgated at such timGS 
and in such manner as the General Assembly may direct. 

Sec. 18. The General Assembly, by suitable enactments, shall re- 
quire such appliances and means to be provided and used as may be 
necessary to secure as far as possible the lives, health and safety of 
persons employed in mining and of persons traveling upon railroads 
and by other public conveyances, and shall provide for enforcing such 
enactments by adequate pains and penalties. 

Sec. 19. It shall be the duty of the General Assembly to provide 
by law for the support of institutions for the education of the deaf 
and dumb and of the blind, and also for the treatment of the insane. 

Sec. 2. Senators and Eepresentatives and all judicial and exe- 
cutive State and county officers, and all other officers, both civil and 
military, before entering on the duties of their respective offices, shall 

take and subscribe to the following oath or affirmation: ''I , 

do solemnly swear (or affirm) that I will support the Constitution 
of the United States and the Constitution of the State of Arkansas, and 

that I will faithfully discharge the duties of the office of , upon 

which I am now about to enter. ' ' 

Sec. 21. The sureties upon the official bonds of all State officers 
shall be residents of and have sufficient property within the State 
not exempt from sale under execution, attachment or other process of 
any court to make good their bonds; and the sureties upon the official 



54 . Biennial Report of Secretary of State. 

bonds of all county officers shall reside within the counties where such 
officers reside, and shall have sufficient property therein not exempt 
from such sale to make good their bonds. 

Sec. 22. Either branch of the General Assembly at a regular ses- 
sion thereof may propose amendments to this Constitution, and, if the 
same be agreed to by a majority of all the members elected to each 
house, such proposed amendments shall be entered on the journals 
wdth the yeas and nays, and published in at least one newspaper in 
each county, where a newspaper is published, for six months im- 
mediately preceding the next general election for Senators and Eep- 
resentatives, at which time the same shall be submitted to the electors 
of the State for approval or rejection; and if a majority of the electors 
voting at such election adopt such amendments the same shall be- 
come a part of this constitution; but no more than three amendments 
shall be proposed or submitted at the same time. They shall be so 
submitted as to enable the electors to vote on each amendment separately. 

Sec. 23. No officer of this State, nor of any county, city or town, 
shall receive, directly or indirectly, for salary, fees and perquisites, 
more than five thousand dollars net profits per annum in par funds, 
and any and all sums in excess of this amount shall be paid into the 
State, county, city or town treasury, as shall hereafter be directed by 
appropriate legislation. 

Sec. ^4. The General Assembly shall provide by law the mode of 
contesting elections in cases' not specifically provided for in this Con- 
stitution. 

Sec. 25. The present seal of the State shall be and remain the 
seal of the State of Arkansas until otherwise provided by law, and 
shall be kept and used as provided in this Constitution. 

Sec. 26. Militia officers, officers of the public schools and notaries 
may be elected to fill any executive or judicial office. 

Sec. 27. Nothing in this Constitution shall be so construed as 
to prohibit the General Assembly from authorizing assessments on 
real property for local improvements in towns and cities, under such 
regulations as may be prescribed by law, to be based upon the consent 
of a majority in value of the property holders owning property ad- 
joining the locality to be affected; but such assessments shall be ad 
valorem and uniform. 

SCHEDULE. 

Section 1. All laws now in force which are not in conflict or in- 
consistent with this Constitution shall continue in force until amended 
or repealed by the General Assembly, and all laws exempting property 
from sale on execution or by decree of a court which were in force 
at the time of the adoption of the Constitution of 1868 shall remain 
in force with regard to contracts made before that time. Until other- 
wise provided by law, no distinction shall exists between sealed and 



Biennial Heport of Secretary of State. 55 

unsealed iustruments conceruing contracts between individuals ex- 
ecuted since the adoption of the Constitution of 1868; provided, that the 
statutes of limitation with regard to sealed and unsealed instruments 
in force at that time continue to apply to all instruments afterward 
executed until altered or repealed. 

Sec. 2. In civil actions no witness shall be excluded because 
he is a party to the suit or interested in the issue to be tried. Provided, 
that in actions by or against executors, administrators or guardians 
in which judgment may be rendered for or against them, neither 
party shall be allowed to testify against the other as to any transac- 
tions with or statements of the testator, intestate or ward, unless called 
to testify thereto by the opposite party. Provided further, that this 
section may be amended or repealed by the General Assembly. 

Sec. 3. An election shall be held at the several election precincts 
of every county of the State on Tuesday, the 13th day of October, 1874, 
for Governor, Secretary of State, iVuditor, Treasurer, Attorney General, 
Commissioner of State Lands for two years, unless the office is sooner 
abolished by the General Assembly, chancellor and clerk of the separate 
chancery court of Pulaski County, Chief Justice and two Associate 
Justices of the Supreme Court, a circuit judge and prosecuting attorney 
for each judicial circuit provided for in this Constitution, Senators 
and Eepresentatives to the General Assembly, all county and township 
officers provided for in this Constitution; and also for the submission 
of this Constitution to the qualified electors of the State for its adop- 
tion or rejection. 

Sec. 4. The qualification of voters at the election to be held as 
piovided in this schedule shall Ije the same as is now prescribed by law\ 

Sec. 5. The State Board of Supervisors hereinafter mentioned shall 
give notice of said election immediately after the adoption of this 
Constitution by this convention by proclamation in at least two news- 
papers published at Little Rock, and such other neAvspapers as they 
may select. And each county board of supervisors shal give public 
notice in their respective counties of said election immediately after 
their appointment. 

Sec. 6. The Governor shall also issue a proclamation enjoining 
upon all peace officers the duty of preserving good order on the day 
of said election and preventing any disturbance of the same. 

Sec. 7, Augustus H. Garland, Gordon IST. Peay and Dudley E. 
Jones are hereby constituted a State Board of Supervisors of said elec- 
tion, who shall take an oath faithfully and impartially to discharge the 
duties of their office, a majority of whom shall be a quorum, and who 
shall perform the duties herein assigned them. Should a vacancy occur 
in said board by refusal to serve, death, removal, resignation or other- 
wise, or if any member should become incapacitated from performing- 
said duties, the remaining members of the board shall fill the A^acancv 



§6 Biennial Eeport of Secretary of State. 

by appointment. But, if all the places on said board become vacant 
at the same time, the said vacancies shall be filled by the president of 
this convention. 

Sec. 8. Said State board shall at once proceed to appoint a board 
of election supervisors for each county of this State, consisting of 
three men of known intelligence and uprightness of character, who 
shall take the same oath as above provided for the State board. A 
majority of each board shall constitute a quorum and shall perform the 
duties herein assigned to them; and vacancies occurring in the county 
boards shall be filled by the State board. 

Sec. 9. The State board shall provide the form of poll books, 
and each county board shall furnish the judges of each election precinct 
with three copies of the poll-books in the form prescribed and with 
ballot boxes at the expense of the county. 

Sec. 10. The State Board of Supervisors shall cause to be fur- 
nished in pamphlet form, a sufiicient number of copies of this Con- 
stitution to supply each county supervisor and judge of election with 
a copy, and shall forward the same to the county election boards for 
distribution. 

Sec. 11. The boards of county election supervisors shall at once 
proceed to appoint three judges of election for each election precinct 
in their respective counties, and the judges shall appoint three election 
clerks for their respective precincts', all of y/hom shall be good, com- 
petent men, and take an oath as prescribed above. Should the judges 
of any election precinct fail to attend at the time and place provided 
by law, or decline to act, the assembled electors shall choose competent 
persons in the manner provided by law to act in their place, who shall 
be sworn as above. 

Sec. 12. Said election shall be conducted in accordance with exist- 
ing laws, except as herein provided. As the electors present them- 
selves at the polls to vote the judges of the election shall pass upon 
their qualifications and the clerks of the election shall register their 
names in the poll-books if qualified; and such registration by said 
clerks shall be a sufficient registration in conformity with the Con- 
stitution of this State, and then their votes shall be taken. 

Sec. 13. Each elector shall have written or printed on his ticket 
''For Constitution" or "Against Constitution," and also the offices 
and the names of the candidates for the offices for whom he desires to 
vote. 

Sec. 14. The judges shall deposit the tickets in the ballot-box; 
but no elector shall vote outside of the township or ward in which he 
resides. The names of the electors shall be numbered and the cor- 
responding numbers shall be placed on the ballots by the judges when 
deposited. 

Sec. 15. All dram shops and drinking houses in this State shall 
be closed during the day of said election and the succeeding night, 
and any person selling or giving away intoxicating liquors during said 



Biennial Report of Secretary of State. 57 

day or night shall be punished by fine not less than two hundred dollars 
for each and every offense, or imprisoned not less than six months, or 
both. 

Sec. 16. The polls shall be opened at 8 o'clock m the forenoon 
and shall be kept open until simset. After the polls are closed the 
ballots shall be counted by the judges at the place of voting as soon 
as the polls are closed, unless prevented by violence or accident, and 
the results by them certified on the poll books and the ballots sealed 
up. They shall be returned to the county board of election supervisors, 
who shall proceed to cast up the *votes and ascertain and state the 
number of votes cast for the Constitutlion and the number cast 
against the Constitution, and also the number of votes cast for each 
candidate voted for for any office, and shall forthwith forward to the 
State Board of Supervisors, duly certified by them, one copy of the 
statement or abstract of the votes so made out by them, retain one 
copy in their possession and file one copy in the office of the county 
clerk, where they shall also deposit for safe-keeping the ballots, sealed 
up, and one copy of the poll-books, retaining possession of the other 
copies. 

Sec. 17. The State Board of Supervisors shall at once proceed, on 
receiving such returns from the county board, to ascertain therefrom 
and state the whole number of votes given for the Constitution and 
the whole number given against it, and if a majority of all votes east 
be in favor of the Constitution they shall at once make public that fact 
by publication in two or more of the leading newspapers published in 
the City of Little Kock, and this Constitution, from that date, shall be 
in force; and they shall also make out and file in the office of the 
Secretary of State an abstract of all the votes cast for the Constitution 
and all the votes cast against it, and also an abstract of all votes cast 
for every candidate voted for at the election, and file the same in the 
office of the Secretary of State, showing the candidate elected. They 
shall also make out and certify and lay before each house of the 
General Assembly a list of the members elected to that house, and shall 
also make out, certify and deliver to the Speaker of the House of Eep- 
resentatives an abstract of all votes cast at the election for any and all 
persons for the office of Governor, Secretary of State, Treasurer of State, 
Auditor of State, Attorney General and Commissioner of State Lands, 
and the said Speaker shall cast up the votes and announce the names 
of the persons elected to these offices. The Governor, Secretary of 
State, Treasurer of State, Auditor of State, Attorney General and Com- 
missioner of State Lands chosen at said election shall qualify and enter 
upon the discharge of the duties of their respective offices within fifteen 
days after the announcement of their election as aforesaid. 

Sec. 18. All officers shown to be elected by the abstract of said 
election filed by the State Board of Supervisors in the office of the 
Secretary of State, required by this Constitution to be commissioned, 
shall be commissioned by the Governor. 



5S Biennial Report of Secretary of State. 

Sec. 19. At said election the qualified voters of each county and 
senatorial district, as defined in Article eight of this Constitution, shall 
elect respectively Eepresentatives and Senators according to the numbers 
and apportionment contained in said article. The board of election 
supervisors of each county shall furnish certificates of election to the 
person or persons elected to the House of Eepresentatives as soon as 
practicable after the result of the election has been ascertained, and 
such board of election supervisors in each county shall make a correct 
return of the election for senator or senators to the board of election 
supervisors of the county first named in the senatorial apportionment, 
and said board shall furnish certificates of election to the person or 
persons elected as Senator or Senators in said senatorial district as soon 
as practicable. 

Sec. 20, All officers elected under this Constitution, except the 
Governor, Secretary of State, Auditor of State, Treasurer, Attorney 
General and Commissioner of State Lands, shall enter upon the duties 
of their several offices when they shall have been declared duly elected 
by said State Board of Supervisors and shall have duly quali- 
fied. All such officers shall qualify and enter upon the duties of their 
office within fifteen days after they have been duly notified of their 
election. 

Sec. 21. Upon the qualification of the officers elected at said 
election the present incumbents of the offices for which the election is 
held shall vacate the same and turn over to the officers thus elected and 
qualified all books, papers, records, moneys and documents belonging or 
pertaining to said offices by them respectively held. 

Sec. 22. The first session of the General Assembly under this Con- 
stitution shall commence on the first Tuesday after the second Monday 
in November, 1874. 

Sec. 23. The county courts provided for in this Constitution shall 
be regarded in law as a continuation of the boards of supervisors now 
existing by law, and the circuit courts shall be regarded in law as a 
continuation of the criminal courts wherever the same may have existed 
in their respective counties, and the probate courts shall be regarded 
as continuations of the circuit courts for the business within the juris- 
diction of such probate courts', and the papers and records pertaining 
to said courts and jurisdictions shall be transferred accordingly; and 
no suit or prosecution of any kind shall abate because of any change 
made in this Constitution. 

Sec. 24. All officers now in office whose offices are not abolished 
by this convention shall continue in office and discharge the duties 
imposed on them by law until their successors are elected and qualified 
under this Constitution. The office of Commissioner of State Lands 
shall be continued, provided that the General Assembly at its next ses- 
sion may abolish or continue the same in such manner as may be pre- 
scribed by law. 



Biennial Ixeport of Secretary of State. 59 

Sec. 25. Any election officer appointed under the provisions of this 
schedule who shall fraudulently and corruptly permit any person to 
vote illegally, or refuse the vote of any qualified elector, cast up or 
make a false return of said election, shall be deemed guilty of a 
felony, and on conviction thereof shall be imprisoned in the peniteutiarv' 
not less than five years nor more than ten years. And any person who 
shall vote when not a qualified elector, or vote more than once, or bribe 
any one to vote contrary to his wishes, or intimidate or prevent any elector 
by threats', menace or promises from voting, shall be guilty of a felony, 
and, upon conviction thereof, shall He imprisoned in the penitentiary 
not less than one nor more than five years. 

Sec. 26. All officers elected at the election provided for ia this 
schedule shall hold their offices' for the respective periods provided for 
in the foregoing Constitution, and until their successors are elected and 
qualified. The first general elections after the ratification of this Con- 
stitution shall be held on the first Monday of September, A. D. 1876. 
Nothing in tliis Constitution and the schedule thereto shall be so con- 
strued as to prevent the election of congressmen at the time as now 
prescribed by law. 

Sec. 27, The sum of five thousand dollars is hereby appropriated 
out of any money in the treasury not otherwise appropriated to de- 
fray the expenses of the election provided for in this schedule and 
the Auditor of State shall draw his warrant on the Treasurer for such 
expenses not exceeding said amount on the certificate of the State 
Board of Supervisors of Election. 

Sec. 28. For the period of two years from the adoption of this 
Constitution, and until otherwise provided by law, the respective officers 
herein enumerated shall receive for their services the following salaries 
per annum: 

For Governor, the sum of $3,500.00; for Secretary of State, the 
sum of $2,000.00; for Treasurer, the sum of $2,500.00; for Auditor, 
the sum of $2,500.00; for Attorney General, the sum of $2,000.00; for 
Commissioner of State Lands, the sum of $2,000.00; for judges of the 
Supreme Court, each, the sum of $3,500.00; for judges of circuit and 
chancery courts^ each, the sum of $2,500.00; for prosecuting attorneys, 
each, the sum of $400.00; for members of the General Assembly, the 
sum of $6.00 per day and twenty cents per mile for each mile traveled in 
going to and returning from the seat of government over the most direct 
and practicable route. 

Done in convention at Little EocTc the seventh day of Septem'ber, 
in the year of our Lord one thousand eight hundred and 
seventy- four, and the independence of the United States the 
ninety-ninth. 



60 Biennial Eeport of Secretary of State. 

In Witness Whereof, we have hereunto subscribed our names, 

GRANDISON D. KOYSTON, 

President of the Convention and Delegate from 

the County of Hempstead. 
THOMAS W. NEWTON, 

Secretary. 
A. M. RODGEES, Delegate from Benton County. 
HORACE H. PATTERSON, Delegate from Benton County. 
W. W. BAILEY, Delegate from Boone County. 
JOHN R. HAMPTON, Delegate from Bradley County. 
JOHN W. CYPERT, Delegate from Baxter County. 
B'EADLEY BUNCH, Delegate from Carroll County. 
JESSE A. ROSS, Delegate from Clark County. 
H. F. THOMASON, Delegate from Crawford County. 
W. D. LEIPER, Delegate from Dallas County. 
WM. J. THOMPSON, Delegate from Woodruff County . 
JAMES A. GIBSON, Delegate from Arkansas County. 
HENEY W. CARTER, Delegate from Pike County. 
DANIEL F. REINHARDT, Delegate from Prairie County. 
ELIJAH MOSELEY, Delegate from Ouachita County. 
STEPHEN C. BATES, Delegate from Polk County. 
G. P. SMOOTE, Delegate from Columbia County. 

D. L. KILGORE, Delegate from Columbia County. 
WILLIAM S. HANNA, Delegate from Conway County. 
JOHN S. ANDERSON, Delegate from Craighead County. 
J. G. FRIERSON, Delegate from Cross County. 

E. FOSTER BROWN, Delegate from Clayton County. 
JAS. P. STANLEY, Delegate from Drew County. 
JOHN NIVEN, Delegate from Dorsey County. 

WILLIAM W. MANSFIELD, Delegate from the County of Franklin. 

JOHN DUNAWAY, Delegate from the County of Faulkner. 

DAVIDSON D. CUNNINGHAM, Delegate from Grant County. 

BEN H. CROWLEY, Delegate from the County of Greene. 

H. M. RECTOR, Delegate from Garland County. 

JOHN R. EAKIN, Delegate from Hempstead County. 

W. C. KELLY, Delegate from Hot Spring County. 

J. W. BUTLER, Delegate from Independence County. 

JAMES RUTHERFORD, Delegate from Independence County. 

RANSOM GULLEY, Delegate from Izard County. 

FRANKLIN DOSWELL, Delegate from Jackson County. 

JOHN A. WILLIAMS, Delegate from Jefferson County. 

SETH J. HOWELL, Delegate from Johnson County. 

PHILIP K. LESTER, Delegate from Lawrence County. 

J. H. WILLIAMS, Delegate from Little River County. 

J. P. EAGLE, Delegate from Lonoke County. 

REASON G. PUNTNEY, Delegate from Lincoln County . 



Biennial Tieport of Secretary of Slate. 61 

MONBOE ANDEBSON, Delegate from Lee County. 

JOHN CAEEOLL, Delegate from Madison County. 

S. P. HUGHES, Delegate from Monroe County. 

NICHOLAS W. CABLE, Delegate from Montgomery County. 

CHARLES BOWEN, Delegate from Mississippi County. 

R. K. GARLAND, Delegate from Nevada County. 

HENRY G. BUNN, Delegate from Ouachita County. 

W. H. BLACKWELL, Delegate from Perry County. 

JOHN J. HORNOR, Delegate from Phillips County. 

JOHN R. HOMER SCOTT, Delegate^ from County of Pope. 

JOHN MILLER, JR., Delegate from the County of Randolph. 

SIDNEY M. BARNES, Delegate from the County of Pulaski. 

JABEZ M. SMITH, Delegate from Saline County. 

BEN B. CHISM, Delegate from the County of Sarber. 

J. W. SORRELLS, Delegate from Scott County. 

W. S. LINDSEY, Delegate from Searcy County. 

R. P. PULLIAM, Delegate from Sebastian County. 

W. M. FISHBACK, Delegate from Sebastian County. 

B. H. KINSWORTHY, Delegate from Sevier Conuty. 

LEWIS WILLIAMS, Delegate from Sharp County. 

JOHN M. PARROTT, Delegate from Saint Francis County. 

WALTER J. CAGLE, Delegate from Stone County. 

HORATIO G. P. WILLIAMS, Delegate from Union County. 

ROBT. GOODWIN, Delegate from Union County. 

A. R. WITT, Delegate from Van Buren County. 

R. P. POLK, Delegate from Phillips County. 

T. W. THOMASON, Delegate from Washington County. 

BENJAMIN F. WALKER, Delegate from Washington County. 

M. F. LAKE, Delegate from Washington County. 

JESSE N. CYPERT, Delegate from White County. 

J. W. HOUSE, Delegate from White County. 

JOSEPH T. HARRISON, Delegate from Yell County. 

MARCUS L. HAWKINS, Delegate from Ashley County. 

EDWIN R. LUCAS, Delegate from Fulton County. 

BENJAMIN W. JOHNSON, Delegate from Calhoun County. 

RODERICK JOYNER, Delegate from Poinsett County. 



62 



Biennial Report of Secretary of State. 



PROCLAMATION 

BY THE 
STATE BOARD OF ELECTION SUPERVISOES. 



Office of State Board of Election Supervisors, 
Little Rock, Ark., October 30, 1874. 
In pursuance of the provisions of section seventeen of the schedule 
to the Constitution recently framed for the State of Arkansas, the 
undersigned do hereby proclaim and make known that at a general 
election held on the thirteenth day of October, A. D. 1874, the following 
votes were cast ' ' For ' ' and ' ' Against ' ' said Constitution in the several 
counties of said State, as appears by the official returns made to said 
board by the county board of election supervisors, to-wit: 



COUNTIES. 



Arkansas 

Ashley 

Benton 

Boone 

Bradley 

Baxter 

Calhoun 

Carroll 

Chicot 

Clark.... 

Columbia 

Conway 

Crawford 

Crittenden 

Craighead 

Cross 

Clayton 

Dallas 

Desha 

Drew 

Dorsey 

Franklin 

Fulton 

Faulkner 

Grant 

Greene 

Garland 

Howard 

Hempstead ... 
Hot Spring ... 
Independence 

Izard 

Jackson 

Jefferson , 

Johnson 

Lafayette 

Lawrence 

Little River.. . 

Lee 

Lonoke 









c 


c 


«Hb ' 


c 


o 


w ° 








S2 


C 3 


■+3 " 


ii.'^ 


5 'J 


■v:-^ 








a 




<§ 


■^§ 


U 


O 


781 


1,211 


430 


1,147 


320 


827 


1,954 


79 


1,875 


1,374 


65 


1,309 


762 


65 


697 


569 


45 


524 


594 


11 


583 


1,011 


6 


1,005 


417 


1,311 




1,438 


662 


776 


1,376 


369 


1,007 


888 


341 


547 


1,444 


209 


1,235 


426 


954 




858 


6 


852 


701 


220 


481 


746 


11 


73a 


682 


195 


487 


425 
1,253 


802 
661 




592 


920 


210 


710 


1,377 


181 


1,196 


535 




535 


1,216 


65 


1,151 


631 


51 


580 


953 
1,046 




953 
964 


82 


798 


315 


483 


1,676 


677 


999 


539 


110 


429 


2,023 


349 


1,674 


1,229 


36 


1,193 


1,743 


45 


1,698 


1,052 


2,805 




1,264 


99 


1,165 


1,070 


1,045 


25 


1,176 


3 


1,173 


470 


423 


47 


1,760 


2 


1,758 


1,500 


83 


1,417 



o c 



528 



377 



1.753 



Biennial Report of Secretary of State. 



Lincoln 

Madison 

Marion 

Mississippi... 

Monroe 

Montgomery 

Newton 

Nevada 

Ouachita , 

Perry 

Phillips 

Pike 

Poinsett 

Polk 

Pope 

Prairie 

Pulaski 

Randolph 

St. Francis.... 

Saline 

Scott 

Stone 

Searcy 

Sharp 

Sevier 

Sebastian 

Sarber. 

Union 

Van Buren.... 
Washington.. 

White 

Woodruff 

Yell 



Totals. 



COUNTIES. 









c 


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a a 


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o 


M ° 






HJ ■!-> 


S5 


c5 




fe- 


'^'C 


u "13 




bC" 




ci 
o 


<% 


1° 


o 


O 


Su 


886 


948 




1,143 


111 


1,032 


683 


19 


664 


936 


26 


910 


985 


744 


241 


594 


24 


570 


402 


157 


245 


1,198 


211 


987 


1,101 


925 


176 


323 


113 


210 


1,958 


2,184 




400 


134 


266 


329 


3 


326 


467 


49 


418 


1,317 


25 


1,292 


911 


368 


543 


3,054 


2,135 


919 


1,246 




1,246 
624 


1,102 


478 


1,019 




1,019 
994 


1,083 


89 


655 


7 


648 


518 


104 


414 


945 


28 


917 


689 


80 


609 


1,742 


606 


1,136 


1,192 


183 


1,009 


1,322 


744 


578 


976 


46 


930 


2,200 


234 


1,966 


2,377 


58 


2,319 


1,260 


395 


865 


1,430 


236 


1,194 


78,697 


24,807 







Total vote ^^For Constitution^' 78 697 

Total vote '' Against Constitution'' 24,807 



62 



226 



Majority ''For Constitution'' 53,890 

Given under our hands this thirteenth day of October, 1874. 

U. M. 'EOSE, 
DUDLEY E. JONES, 
GOEDON N. PEAY, 
State Board of Election Supervisors. 



64 Biennial Report of Secretary of State. 

AMENDMENTS. 



AMENDMENT NO. 1. 

Article XX. The General Assembly shall have no power to levy 
any tax, or make any appropriations, to pay either the principal or 
interest, or any part thereof, of any of the following bonds of the 
state, or the claims, or pretended claims, upon which they may be based, 
to-wit: BondvS issued under an act of the General Assembly of the State 
of Arkansas, entitled ''An act to provide for the funding of the public 
debt of the State," approved April 6th, A. D. 1869, and numbered 
from four hundred and ninety-one to eighteen hundred and sixty, in- 
clusive, being the ''funding bonds," delivered to F. W. Caper, and 
sometimes called ' ' Holf ord bonds ; " or bonds known as railroad aid 
bonds, issued under an act of the General Assembly of the State of Ar- 
kansas, entitled "An act to aid in the construction of railroads," ap- 
proved July 21, A. D. 1868 ; or bonds called ' ' levee bonds, ' ' being bonds 
issued under an act of the General Assembly of the State of Arkansas, 
entitled "An act providing for the building and repairing the public 
levees of the State, and for other purposes, ' ' approved March 16, A. D. 
1869, and the supplemental act thereto, approved April 12, 1869; and 
the act entitled "An act to amend an act entitled an act providing for 
the building and repairing of the public levees of this state," approved 
March 23, A, D. 1871; and any law providing for any such tax or appro- 
priation, shall be null and void. 

Declared to be adopted by the Speaker of the House on January 14, 
1885, and after due attestation and filing was so proclaimed by the 
Governor. Vote for the amendment being 119,806 ; and the vote against 
the amendment being 15,492, 



AMENDMENT NO, 2. 

Article XXI. Every male citizen of the United States, or male 
person who has declared his intention of becoming a citizen of the 
same, of the age of twenty-one years, who has resided in the State 
twelve months, in the county six months, and in the precinct or ward 
one month next preceding any election at which he may propose to vote, 
except such persons as may for the commission of some felony be de- 
prived of the right to vote by law passed by the General Assembly, and 
who shall exhibit a poll tax receipt or other evidence that he has paid 
his poll tax at the time of collecting taxes next preceding such election, 
shall be allowed to vote at any election in the State of Arkansas. Pro- 
vided, that persons who make satisfactory proof that they have attained 
the age of twenty-one years since the time of assessing taxes next pre- 
ceding said election and possesses the other necessary qualifications, 
shall be permitted to vote; and provided further, that the said tax 



Biennial Report of Secretary of State. 65 

receipt shall be so marked by dated stamp or written endorsement by 
the judges of election to whom it may be first presented as to prevent 
the holder thereof from voting more than once at any election. 

Declared to be adopted by the Speaker of the House on the 12th 
day of January, 1893 ; the vote standing for amendment, 75,940 ; against 
the amendment, 56,601; and after due attestation and filing was so pro- 
claimed by the Governor. 



AMENDMENT NO. 3. 
Article XXII. The Governor shall, in case a vacancy occurs in any 
State, district, county or township office in the State, either by death, 
resignation or otherwise, fill the same by appointment, such appoint- 
ment to be in force and effect until the next general election thereafter. 

Declared to be adopted by the Speaker of the House on January 
17, 1895, and after attestation and filing was so proclaimed by the Gov- 
ernor. Vote for the amendment being 43,446; and the vote against the 
amendment being 40,207. 

Declared by the Supreme Court on April 23, 1906, as not being 
legally adopted. See Supreme Court Eeport No. 78, page 432. 



AMENDMENT NO. 4. 

That Section 10, of Article 17, of the Constitution of the State of 
Arkansas, be amended so as to read as follows: 

Article XVII, Section 10. The General Assembly shall pass laws 
to correct abuses and prevent unjust discrimination and excessive charges 
by railroads, canals and turnpike companies for transporting freight 
and passengers, and shaU provide for enforcing such law by adequate 
penalties and forfeitures, and shall provide for the creation of such 
offices and commissions and vest in them such authority as shall be 
necessary to carry into effect the powers hereby conferred. 

Declared to be adopted by the Speaker of the House on January 13, 
1899, and after attestation and filing was so proclaimed by the Governor. 
Vote for the amendment being 63,733; and the vote against the amend- 
ment being 16,940. 



AMENDMENT NO. 5. 

The country courts of the State in their respective counties, together 
with a majority of the justices of the peace of such county, in addition 
to the amount of county tax allowed to be levied, shall have the power 
to levy not exceeding three mills on the doUar on all taxable property 
of their respective counties, which shall be known as the County Koad 
Tax, and when collected shall be used in the respective counties for the 
purpose of making and repairing public roads and bridges of the 



66 Biennial Eeport of Secretary of State. 

respective countieSj and for no other purpose, and shall be collected in 
United States currency or county warrants legally drawn on such road 
tax fund, if a majority of the qualified electors of such county shall 
have voted public road tax at the general election for State and county 
officers preceding such levy at each election. 

Declared to be adopted by the Speaker of the House on the 13th day 
of January, 1899. Vote for the amendment being 57,209; and the vote 
against the amendment being 24,079. 



AMENDMENT NO. 6. 

The sureties upon the official bonds of all State officers shall be 
residents of, and have sufficient property within the State, not exempt 
from sale under execution, attachment or other process of any court, to 
make good their bonds, and the sureties upon the official bonds of all 
county officers shall reside within the counties where such officers reside, 
and shall have sufficient property therein, not exempt from such sale, 
to make good their bonds. Provided, however, that any surety, bonding 
or guaranty company, organized for the purpose of doing a surety or 
bonding business, and authorized to do business in this State, may become 
surety on the bonds of all State, county, and municipal officers under 
such regulations as may be prescribed by law. 

Vote for amendment, 65,825. Vote against amendment, 23,033. 
Proclamation* declaring Amendment No. 6 adopted and ratified was 
issued by Governor Jefferson Davis on February 20, 1902. 



AMENDMENT NO. 7. 

That Section 16, of Article 5, of the Constitution of the State of 
Arkansas, be amended so as to read as follows: 

Article V, Section 16. Pay and Mileage. The members of the 

General Assembly shall receive such pay and mileage for their services as 
shall be fixed by law. No member of either house shall, during the 
term for which he has been elected, receive any increase of pay for his 
services under any law passed during such term. The term of all mem- 
bers of the General Assembly shall begin on the day of their election. 

Election on above amendment held September 1, 1902. For amend- 
ment received 45,598 votes. Against amendment received 43,982 votes. 
Declared adopted by the Speaker of the House of Eepresentatives on 
the 14th day of January, 1903. 



AMENDMENT NO. 8. 

That Section 3, of Article 14, of the Constitution of the State of 
Arkansas, be amended so as to read as follows: 



Biennial Report of Secretary of State. 67 

Article XIV, Section 3. The General Assembly shall provide by 
general laws for the support of common schools by taxes, which shall 
never exceed in any one year three mills on the dollar on the taxable 
property of the State, and by an annual per capita tax of one dollar, to 
be assessed on every male inhabitant of this state over the age of twenty- 
one years. Provided, the General Assembly may, by general law, 
authorize school districts to levy by a vote of the qualified electors of 
such district a tax not to exceed seven mills on the dollar in any one 
year for school purposes. Provided further, that no such tax shall be 
appropriated to any other purpose, nor to any other district than that 
for which it was levied. 

Election on above amendment held September 3, 1906. For amend- 
ment received 92,969 votes. Against amendment received 47,368 votes. 
It was declared adopted by a joint session of the General Assembly held 
January 17, 1907, and after due attestation and filing, was so pro- 
claimed bv the Governor. 



AMENDMENT NO. 9. 

Every male citizen of the United States, or male person who has 
declared his intention of becoming a citizen of the same, of the age of 
twenty-one years, who has resided in the State twelve months, in the 
county six months, and in the precinct, town or ward one month, next 
preceding any election at which he may propose to vote, except such 
persons as may for the commission of some felony be deprived of the 
right to vote by law jjassed by the General Assembly, and who shall 
exhibit a poll tax receipt or other evidence that he has paid his poll 
tax at the time of collecting taxes next preceding such election, shall 
be allowed to vote at any election in the State of Arkansas. Provided, 
that persons who make satisfactory proof that they have attained the 
age of twenty-one years since the time of assessing taxes next preceding 
said election, and possesses the other necessary qualifications, shall be 
permitted to vote; and provided further, that the said tax receipt shall 
be so marked by dated stamp or written endorsement by the judges 
of election to whom it may be first presented as to prevent the holder 
thereof from voting more than once at any election. 

Amendment No. 9 was voted upon at the general election held on 
September 14, 1908, at which the vote was cast as follows: For the 
amendment, 88,386; against the amendment, 46,835. It was declared 
adopted by the joint session of the General Assembly held on January 14, 
1909, and proclaimed as of legal effect by the Governor of Arkansas on 
March 16, 1909. 



AMENDMENT NO. 10. 

INITIATIVE. 

x'^rticle V, Section 1. The legislative powers of this State shall be 
vested in a General Assembly, which shall consist of the Senate and House 
of Eepresentatives, but the people of each municipality, each county and 



68 Biennial Fieport of Secretary of State. 

of the State, reserve to themselves power to propose laws and amend- 
ments to the constitution an(^ to enact or reject the same at the polls 
as independent of the legislative assembly, and also reserve power at 
their own option to approve or reject at the polls any act of the legis- 
lative assembly. The first power reserved by the people is the initia- 
tive and not more than eight per cent of the legal voters shall be re- 
quired to propose any measure by such petition, and every such petition 
shall include the full text of the measure so proposed. Initiative peti- 
tions shall be filed with the Secretary of State not less than four months 
before the election at which they are to be voted upon. 

REFERENDUM. 

The second power is referendum, and it may be ordered (except as 
to laws necessary for the immediate preservation of the public peace, 
health and safety) either by the petition signed by five per cent of the 
legal voters or by the legislative assembly as other bills are enacted. 
Referendum petitions shall be filed with the Secretary of State not more 
than ninety days after the final adjournment of the session of the legisla- 
tive assembly which passed the bill on which referendum is demanded. 
The veto power of the Governor shall not extend to measures referred to 
the people. All elections on measures referred to the people of the State 
shall be had at the biennial regular general elections, except when the 
legislative assembly shall order a special election. Any measure re- 
ferred to the people shall take effect and become a law when it is 
approved by a majority of the votes cast thereon and not otherwise. 
The style of aU biUs shall be, ''Be it enacted by the people of the 
State of Arkansas. ' ' This section shall not be construed to deprive 
any member of the legislative assembly of the right to introduce any 
measure. The whole number of votes cast for the ofBce of Governor at 
the regular election, last preceding the filing of any petition for the 
initiative or for the referendum shall be the basis on which the number 
of legal votes necessary to sign such petition shaU be counted. Peti- 
tions and orders for the initiative and for the referendum shall be filed 
with the Secretary of State, and in submitting the same to the people 
he and all other officers shall be guided by the general laws and the 
acts submitting this amendment until legislation shall be specially pro- 
vided therefor. 

Declared to be adopted by the Speaker of the House on January 12, 
1911, and after due attestation and filing was proclaimed by the Gover- 
nor. Vote for the amendment being 91,.-;67, and the vote against the 
amendment being 39,111. 



r f^ 



